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ASA Meets With Biden Administration on OSHA Covid ETS, Urges Special Consideration for Staffing Agencies

On Oct. 26, ASA and lobbyists from Squire Patton Boggs met with U.S. government officials to express concerns regarding the forthcoming Covid-19 Emergency Temporary Standard. Under the ETS, employers with 100 or more employees will be required to implement vaccine mandates or weekly Covid-19 testing.

ASA reiterated concerns that, given the extraordinarily high turnover of staffing agency temporary employees, agencies would face disproportionately high potential testing costs, and suggested that the ETS exclude employees expected work fewer than 30 days. ASA further proposed that the ETS should not apply in cases where a staffing agency has fewer than five days from the date it receives a client job order within which to find a qualified candidate who either is vaccinated or can obtain a negative Covid-19 test, and it is unable to do so. ASA also urged the officials to include alternative size and revenue tests for determining staffing agencies’ small business status under the ETS.

The officials were not permitted under government rules to comment on the association’s proposals but asked questions regarding the potential impact of the ETS on the industry, which ASA addressed. Once the ETS is published, ASA will provide further comment to the administration and additional details to its members.