Best Practices to Navigate OSHA’s ETS Vaccine Policy | Best Practices to Navigate OSHA's ETS Vaccine Policy | Modern Restaurant Management | The Business of Eating & Restaurant Management News

On Thursday November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that each of their employees is either (i) fully vaccinated, or (ii) tests negative for COVID-19 on at least a weekly basis. The ETS is intended to preempt any State or local requirements that ban or limit an employer from requiring vaccination, face covering, or testing. The ETS will also require that these employers provide paid-time off for employees to get vaccinated and ensure that all unvaccinated workers wear a face mask in the workplace. The ETS covers approximately 84 million employees, including the vast majority of those in the restaurant industry.

While not exhaustive, the below steps are designed to help restaurants navigate compliance with the ETS and potential fallout with staff:

Step 1 – Does the ETS Apply to Me?The ETS applies to all…

Jason D. Friedman

Jason D. Friedman is an associate at Constangy, Brooks, Smith & Prophete, LLP’s DC Metro office. He is an experienced litigator in the area of employment and wage and hour laws. He litigates federal and state minimum wage and overtime claims across the country. Much of Jason’s practice involves class and collective actions and his experience with wage and hour issues runs the gamut from off the clock work to employee misclassification.

Sorry, You've Reached Your Article Limit.

Jason D. Friedman