OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule

On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”).

In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the ETS to the extent that it serves as a proposed rule . . .” In other words, OSHA may use the ETS as a proposed rule that will (undoubtedly) be edited and implemented as a final rule.

Accordingly, at this time, employers with 100+ employees are not required to implement COVID-19 vaccine and testing policies that comply with the ETS. However, employers (of all sizes) are generally free to implement COVID-19 vaccine and/or testing mandates. Please contact us if you have any questions about such policies or the impact of the OSHA ETS withdrawal on your existing policies and practices.

Subscribe

Share this Post

LinkedIn Facebook Twitter

Tagged In

COVID-19 Employment ETS Final Rule OSHA Testing Vaccination

Written by Amanda Marie Baer

Amanda is a Partner in the Labor, Employment and Employee Benefits Group, and a successful employment litigator and counselor.  Amanda zealously defends employers in all stages of litigation before state and federal agencies and courts.  Her practice focuses on defending companies, institutions, and individuals against all types of claims of discrimination (including alleged failures to accommodate), harassment, and retaliation. She also prosecutes and defends claims regarding trade secrets and restrictive covenant agreements.

View Bio

Play / Pause Slide