OSHA Withdraws Vaccine ETS



This morning, the Occupational Safety & Health Administration (OSHA) formally announced the withdrawal of its Emergency Temporary Standard (ETS) which would have set forth vaccine and testing requirements for private sector employers with 100 or more employees. The withdrawal follows the recent Supreme Court’s decision to stay the order based upon their opinion that OSHA did not have the regulatory authority to implement the ETS. The withdrawal itself will be effective tomorrow, January 26th, 2022.

As a result, OSHA will continue to strongly encourage vaccination of workers against the continuing dangers posed by COVID-19 in the workplace. In its withdrawal, OSHA stated that the rule will remain “proposed” in nature, indicating that they could pursue other COVID-related options as they pertain to ensuring safe and healthful working conditions. TCA will continue to monitor these efforts and keep you informed as more information arises.

Thank you,

David Heller
Vice President of Government Affairs