Written by: Christopher M. Leddy, Esq., Partner

At present, OSHA’s Emergency Temporary Standard (“ETS”) which mandates that covered employers (employers with 100 or more employees corporate-wide, including full-time and part-time) develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead establish, implement, and enforce a policy allowing employees who are not fully vaccinated to elect to undergo weekly COVID-19 testing and wear a face covering at the workplace, has temporarily been suspended while litigation surrounding its enforcement is determined by the courts.1

For staffing firms, as stated above, all employees, regardless of full-time or part-time status, are counted toward the 100-employee threshold. This means that staffing firms must count all employees even if they are temporary, and must aggregate all employees at all locations where the staffing firm does business.