OSHA Withdraws ETS
On January 25, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) withdrew the Emergency Temporary Standard (ETS) regarding vaccinations and testing/masking for employers with 100 or more employees. This withdrawal came after the U.S. Supreme Court essentially stated that OSHA overstepped its authority in issuing the ETS in a ruling issued on January 13, 2022. The withdrawal of the ETS is effective January 26, 2022.
Although this ETS has officially been withdrawn, OSHA did not withdraw the ETS as a proposed rule, meaning it could become effective at a later date. However, it does appear that OSHA will be focusing more efforts on finalizing a permanent COVID-19 Healthcare Standard.
This announcement by OSHA confirms that the COVID-19 Vaccination and Testing ETS for employers with 100 or more employees is no longer in effect. Organizations should note that OSHA is working on more permanent standards related to COVID-19 in the workplace which may result in future workplace safety rules. We will continue to monitor developments on this topic.