Effective January 26, 2022, the Biden administration has withdrawn the OSHA Emergency Temporary Standard mandating the vaccination or testing of workforces of employer’s with over 100 employees (“ETS”).
Earlier this month the U.S. Supreme Court stayed the ETS finding that it went too far in imposing testing and vaccination mandates on U.S. businesses. The Occupational Health and Safety Administration (“OSHA”) said it is withdrawing its mandate, but continues to encourage vaccinations and utilizing the ETS as a proposed rule. With this, OSHA may still pursue a rule requiring employers to mandate vaccination or testing, but any proposed rule will go through the normal rule making notice and comment process rather than the expedited emergency process.
OSHA also stated that “it is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”
If you have any questions about the ETS, COVID-19 or other workplace issues, please contact Tonya D. Hubinger.
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