There is an update on the status of OSHA’s Emergency Temporary Standard (ETS) following the decision by the Supreme Court staying the implementation of the standard pending the outcome of the litigation in the 6th Circuit Court of Appeals. As of January 25, OSHA announced that it is withdrawing the ETS, which also ends the pending lawsuit. Instead, OSHA indicated that it would go ahead with its proposal to make the proposed standard permanent rather than temporary.
While the withdrawal of the ETS puts to rest, at least for now, the vaccination and/or testing requirements it would have imposed on covered employers, it is worth taking note that OSHA’s announcement also reminded employers of their general obligation to ensure a safe workplace. It stated, “Notwithstanding the withdrawal of the Vaccination and Testing ETS, OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.”
We will continue to keep you updated.