OSHA Officially Withdraws Vaccine, Testing Mandate for Large Employers
On January 25, 2022, following the recent U.S. Supreme Court decision blocking enforcement of the Emergency Temporary Standard (ETS) that mandated employers with 100+ employees to require COVID-19 vaccination or weekly testing, the Occupational Safety and Health Administration (OSHA) officially withdrew the ETS. You can see the full notice here. In the announcement, OSHA stated that “[it] is not withdrawing the ETS to the extent that it serves as a proposed rule.” Given the breadth of the U.S. Supreme Court opinion with regard to OSHA’s ability to promulgate such a mandate, it will be interesting to see if OSHA does attempt to revive the mandate through a non-ETS regulatory process. You can read the U.S. Supreme Court’s decision here.
President Biden Administration’s Vaccine Mandate Update, Includes Nonprofits (Museums) with 100 or more employees