OSHA Withdraws COVID-19 Vax-or-Test Mandate

January 28, 2022

This week, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) withdrew its vaccination and testing Emergency Temporary Standard (ETS) for private employers with 100 or more workers. This latest development comes after the U.S. Supreme Court blocked the ETS earlier this month and allowed the appeals process to continue for the lawsuits challenging the ETS. OSHA has asked the Sixth Circuit to dismiss these lawsuits.

“Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule,” a statement on OSHA’s website reads. “The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”

To establish a COVID-19 Healthcare Standard, OSHA must undergo a formal rulemaking process. This will require a notice-and-comment period.

Click hereto read OSHA’s update in the Federal Register.