Bloomberg Law
Nov. 4, 2021, 4:31 PM

OSHA’s 100-Worker Vaccine Mandate Leaves Little Wiggle Room

Bruce Rolfsen
Bruce Rolfsen

Since President Joe Biden announced in September that OSHA would issue a shot-or-test mandate for all U.S. employers with 100 or more workers, businesses and their advocates have been seeking clarification on which workers would add up to that number.

The unveiling of that Occupational Safety and Health Administration emergency temporary standard on Thursday reveals there’s little wiggle room for how those people are counted: The federal safety agency standard applies to businesses with a total of 100 or more employees at any time the measure is in effect.

The vaccination standard is unique among OSHA rules because it’s based ...