On Friday, December 17, 2021, a federal appeals court panel lifted a stay that had been placed on OSHA’s COVID-19 Vaccination and Testing ETS. This ETS will require all employers that employ 100+ employees to develop, implement, and enforce a mandatory COVID-19 vaccination policy, or adopt a policy that requires employees to either get vaccinated or undergo regular COVID-19 testing and wear a face covering while at work.

On December 16, 2021, GBCA held a webinar detailing the ETS and its implications for construction industry employers. The webinar was presented by Jennifer Horn of GBCA member Horn Williamson, LLC. GBCA members can access the recording of this webinar for FREE. If you missed the webinar, contact Meg Ginsberg, GBCA’s Programs Associate, by clicking below:


To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022, and will not issue citations for noncompliance with the standard’s testing requirements before February 9, 2022, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.

If you still have questions about the ETS after you’ve watched the webinar, Jennifer Horn and Tom Stevens of Horn Williamson are offering to answer questions and provide advice on the new standard. You can request a free half-hour consultation to address how the standard affects the construction industry, including OSHA’s record-keeping requirements, the specific definitions under the ETS and how they impact contractors, and what information covered employers must provide to their employees. You can contact them at (215) 987-3800 and ask for Jennifer or Tom, or email them at: Jennifer M. Horn, jhorn@hornwilliamson.com; Thomas P. Stevens, tstevens@hornwilliamson.com.

You can also learn more about the ETS by clicking below: