Legal Update: OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule

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On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022.

OSHA is withdrawing the vaccination and weekly testing standard as an ETS, but not as a proposed permanent rule.

Important Dates:

  • Nov. 5, 2021
    • OSHA published the ETS both as an emergency rule and as the proposed the rule for its permanent standard.
  • Jan. 13, 2022
    • The Supreme Court ordered a stay on the implementation and enforcement of OSHA’s COVID-19 ETS.
  • Jan. 25, 2022
    • OSHA announced it will be withdrawing its COVID-19 vaccination and weekly testing ETS.

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