If You Have Over 100 Employees…

by | Dec 1, 2021 | COVID, Federal Contractors, Human Resources, OSHA

  • Amy Letke

    Amy Newbanks Letke, SPHR, GPHR, is the Founder of Integrity HR, Inc. Amy provides workplace solutions to improve performance, reduce liability and increase profits. She is passionate about helping other entrepreneurs and business owners achieve success. Contact us for more insights - 502-753-0970 or info@integrityhr.com

If You Have Over 100 Employees…


The Supreme Court just announced that the OSHA ETS will not be allowed to move forward. Large businesses, those with 100 or more employees, will no longer be required to implemented a mandatory vaccination policy or require masking and weekly testing for unvaccinated employees.

What is it?

On November 5, 2021, OSHA released an Emergency Temporary Standard on Vaccinations and Testing. This standard would require all employers with 100 or more employees to adopt a vaccination mandate or require all unvaccinated employees to take a weekly COVID test and wear a mask in the workplace.

Policy implementation

COVID has brought about many changes, including policy changes for businesses. With the OSHA ETS, you will need to adopt a written policy for either the vaccine mandate or the testing and masking option.

Even if you do not meet the criteria to be covered by the ETS, you may want to consider policy updates for masking, PTO, remote work, and vaccines. Making sure your handbook and policies are up to date and legally compliant will help save you headaches as we continue to navigate through COVID and into the future!

Recruiting and Onboarding

The OSHA ETS may also impact your team as early as the recruiting process. Employment applications may need to be updated to include qualifying questions such as “are you fully vaccinated?”.

You may also consider updating offer letters to include a note about vaccinations or the masking/testing process being a condition of employment. Also consider updating your orientation and onboarding processes to make sure you receive proof of vaccination on the first day and that employees are aware of these and other COVID policies.


Documentation is VITAL! If the ETS pushes through, you will need to determine the vaccination status for all employees and maintain detailed records. If your company chooses the testing route for unvaccinated employees, you will need a strategy for testing and tracking test results.

It is important to designate an individual to maintain the records and ensure confidentiality. The fewer employees that have access to confidential medical information, the less likely your company is to be at risk!

Supervisor Training

Supervisors on your team are going to be hearing most of the complaints and accommodation requests from employees. Make sure your supervisors are prepared for difficult conversations with employees and aware of trigger words to look for when an employee may need assistance or an accommodation. Set them up for success!

Do you need policy updates, supervisor training, or assistance navigating the OSHA ETS and other COVID-related changes? Contact us! We’re here to help!

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