As widely reported in the press, on September 9, 2021, President Biden issued an Executive Order as part of his COVID-19 Action Plan that, among other things, directed the Occupational Safety and Health Administration (OSHA) to develop an emergency temporary standard (“ETS”) requiring that all private employers with 100 or more employees ensure their workforce is fully vaccinated against COVID-19 or require any workers who remain unvaccinated to produce a negative COVID-19 test result on at least a weekly basis.
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