The Occupational Safety and Health Administration (OSHA) is withdrawing its vaccination and testing emergency temporary standard, effective Wednesday.

The move follows a Jan. 13 ruling by the Supreme Court blocking a Biden administration effort to require employees of large employers to get a COVID-19 vaccine or undergo weekly testing and wear a mask.

The court ruled 6-3 in the employer case with the court’s conservative majority concluding the administration overstepped its authority by seeking to impose the OSHA vaccine-or-test rule on U.S. businesses with at least 100 employees. More than 80 million people would have been affected.

The Supreme Court ruling was a temporary measure while other cases proceeded. However, the court wrote that “the applicants are likely to prevail” and therefore granted emergency relief from the OSHA rule.

The OSHA emergency temporary standard was issued Nov. 5. The withdrawal is effective Jan. 26,

The Department of Labor issued this statement today regarding the COVID-19 vaccination and testing emergency temporary standard.

“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.

“OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.”

The official withdrawal will be published on Wednesday here. This is the document prior to its official release.

Published Date

January 25, 2022

Post Type

  • News

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