The Occupational Safety and Health Administration has announced it officially will withdraw its Emergency Temporary Standard regarding COVID-19 vaccines and testing, which currently is under a temporary stay because of a court challenge. The withdrawal of the ETS is effective Jan. 26 and comes after the U.S. Supreme Court, in a 6-3 decision, blocked the standard by reimposing a temporary stay placed on the ETS by a lower court. View the Federal Register notice.
OSHA issued the following statement on its ETS web page announcing the withdrawal of the ETS:
“The U.S. Department of Labor’s Occupational Safety and Health Administration is withdrawing the vaccination and testing emergency temporary standard issued on Nov. 5, 2021, to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to coronavirus. The withdrawal is effective January 26, 2022.
“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. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.
“OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.”
Although OSHA is withdrawing the ETS as an emergency standard, this is not the end of the proposal. The ETS also serves as a proposed rule for a permanent standard for the vaccine and testing requirements contained in the ETS, which would take effect at the end of the original six-month ETS period beginning Nov. 5, 2021. So although the ETS is withdrawn, the agency indicates it intends to issue a permanent standard with similar requirements.
NRCA anticipated this possibility and on Jan. 19 filed comments urging OSHA to not move forward with a permanent standard for various reasons. View NRCA’s comments.
NRCA will provide more information regarding this issue as it becomes available.
