OSHA Pulls Proposed COVID-19 Vaccination ETS

Following the Supreme Court’s stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 vaccine emergency temporary standard (“ETS”) earlier this month, OSHA has announced that it is officially withdrawing the vaccination mandate.  The ETS would have required large employers to enforce vaccination-or-testing policies, among other requirements. 

While the ETS has been withdrawn as an emergency rule, it may return in some form in the future.  OSHA is maintaining the ETS as a proposed rule, subject to its regular, more lengthy rulemaking process.  OSHA has also stated that it “is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.” 

We will continue to monitor this situation.  If you have questions about this or any other workforce issue, please contact your relationship attorney or one of Honigman’s Labor and Employment attorneys.