Compliance Bulletin – OSHA COVID-19 ETS: Determining the Number of Employees

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On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address the grave danger of COVID-19 infection in the workplace. Affected employers will be required to comply with most provisions of the ETS by Dec. 5, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees (firmwide or companywide count).


The ETS provides specific guidance to help employers determine how many employees they have for the purpose of complying with the vaccination and testing standard. This Compliance Bulletin provides an overview of specific guidance offered for:

• Part-time employees;
• Independent contractors or subcontractors;
• Staffing agencies;
• Temporary and seasonal employees;
• Multiemployer worksites; and
• Outdoor employees.

Click here to learn more and download the latest Compliance Bulletin