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On Sept. 9, 2021, President Biden announced that he had asked the federal Occupational Safety and Health Administration (OSHA) to promulgate an Emergency Temporary Standard (ETS) that will require employers with more than 100 employees to take steps to ensure that their employees are either vaccinated or show a negative test result for COVID-19 each week. Complicating OSHA’s efforts is certain elected officials’ denouncement of President Biden’s directive, claiming that the authority to mandate vaccinations belongs to each state. Aside from the potential legal challenges to the ETS, there are many other issues that OSHA will need to address in promulgating and enforcing the ETS.

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