Effective January 26, 2022, the Occupational Safety and Health Administration announced it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). Once the notice is published in the Federal Register, the withdrawal will be official. When the ETS was published, OSHA confirmed it was using the ETS as a proposed rule.
Due to the Supreme Court of the United States ruling to stay the vaccination and testing ETS, OSHA is withdrawing it as an enforceable emergency temporary standard. The agency is not withdrawing the ETS as a proposed permanent rule, meaning the standard rule-making process will continue.
State Plans and Employers Impact
States with OSHA-approved plans must implement workplace standards that are at least as effective as federal standards. State plans are not required to take any further action. While employers do not need to comply with the emergency temporary standard, they still need to provide a safe and healthy work environment and must follow other existing OSHA COVID-19 guidance. Employers are advised to monitor OSHA communications for information on the possible permanent standard.
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