OSHA Withdraws Mandatory Vaccination or Testing ETS
By Alison Lungstrum Macneill
After the United States Supreme Court stayed the implementation and enforcement of the COVID-19 Emergency Temporary Standard (ETS) requiring private employers to implement a mandatory vaccination or weekly testing and masking policy.[1] the federal Occupational Safety and Health Administration (OSHA) announced its withdrawal of the ETS as of January 26, 2022.[2]
OSHA emphasized that it although it is withdrawing the ETS as an enforceable emergency temporary standard, it is not withdrawing the ETS as a proposed rule, and “strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.” Further, OSHA stated that it is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard, which will impact employers in the healthcare industry.
Takeaway
Although the federal OSHA withdrew its ETS, states could still decide to maintain state-adopted ETS requirements for vaccination and testing. Campbell Litigation will continue to monitor future announcements from OSHA and state agencies that will impact employers as they navigate health and safety requirements necessitated by the COVID-19 pandemic.
[1] See https://www.rockymountainemployersblog.com/blog/2022/1/13/scotus-strikes-down-the-biden-administrations-vaccine-or-testing-rule