The federal Occupational Safety and Health Administration (OSHA) today withdrew its Emergency Temporary Standard (ETS) that would have required large businesses (100 or more employees) to ensure employees are vaccinated against the coronavirus or undergo weekly COVID-19 testing. In its notice of withdrawal, OSHA recognized the Supreme Court’s January 13 decision which halted the ETS while lower courts consider the merits of the case. OSHA stated that “After evaluating the Court’s decision,” it is withdrawing the ETS “as an enforceable emergency temporary standard,” and its action is effective immediately. The agency’s notice added, however, that it considers the ETS to have served as a proposed rule, and it will move forward with its proposal to make the temporary directive a permanent standard.
Those employers who were impacted by the ETS are no longer obligated to mandate vaccines for their employees, but OSHA stated that it “continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.”
John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.