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Counting to 100: How to Determine Whether OSHA’s COVID-19 ETS Applies to You, HR Magazine

December 10, 2021

Associate Alana Genderson spoke with HR Magazine about how employers can accurately assess employee numbers in the wake of the contested Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS), which applies to companies with more than 100 employees. For those employers who are not sure if the ETS will apply to them, “OSHA sheds light on how to count employees in its preamble and FAQs in particular,” according to Alana. Remote workers are included in these head counts, Alana explained, while temporary and seasonal workers are only included if employed directly by the business. “If the temporary or seasonal workers are employed separately by a staffing agency, then the host employer does not include them in their count,” said Alana.

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