The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced today it is withdrawing the vaccination and testing Emergency Temporary Standard (“ETS”) issued on Nov. 5, 2021. The withdrawal is effective January 26, 2022.
Earlier this month, the U.S. Supreme Court dealt a blow to OSHA when it stayed enforcement of the ETS, finding that challengers to the rule were likely to succeed on their argument that the Secretary of Labor lacked authority to impose the mandate.
Although it is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, OSHA stated in the announcement that it is not withdrawing the ETS as a proposed rule. Rather, OSHA “is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”
Please contact Keith L. Hammond, Esquire, with any questions regarding this development.