OSHA Withdraws Vaccination and Testing Emergency Temporary Standard

OSHA has withdrawn the vaccination and testing emergency temporary standard (ETS) issued on Nov. 5, 2021 that would have been applicable to employers with 100 or more employees. The withdrawal is effective TODAY.

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”.

This also means that the case pending before the Sixth Circuit will be dismissed as moot.

That all being said, this leaves the states free to regulate and pass any COVID-related vaccination laws.