​OSHA Officially Withdraws Vaccine, Testing Mandate for Large Employers

Today, following the recent U.S. Supreme Court decision blocking enforcement of the Emergency Temporary Standard (ETS) that mandated employers with 100+ employees to require COVID-19 vaccination or weekly testing, the Occupational Safety and Health Administration (OSHA) officially withdrew the ETS. You can see the full notice here. In the announcement, OSHA stated that “[it] is not withdrawing the ETS to the extent that it serves as a proposed rule.” Given the breath of the U.S. Supreme Court opinion with regard to OSHA’s ability to promulgate such a mandate, it will be interesting to see if OSHA does attempt to revive the mandate through a non-ETS regulatory process. You can read the U.S. Supreme Court’s decision here. We will continue to track this issue.