May 26, 2022

Volume XII, Number 146

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OSHA Withdraws Vax-or-Test Emergency Temporary Standard

Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective upon publication in the Federal Register, January 26, 2022. State OSHA departments are not required to take any action.

In its announcement, OSHA stated that it is only withdrawing the vax-or-test rule as an emergency temporary standard, but is not withdrawing the action as a proposed rule. OSHA is now working to finalize a permanent COVID-19 Health Standard. Such a rule will follow the more traditional notice and comment procedures.

Employers should still be vigilant to ensure that their policies related to workplace safety and the vaccination of its employees are compliant with local and state orders and laws.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XII, Number 26
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About this Author

Associate

Isaac Caverly focuses his practice on a wide variety of employment-related matters. Isaac is committed to understanding the industry in which clients operate and he provides valuable counsel to employers as they face sensitive workplace matters. His experience includes conducting discovery research and drafting memoranda related to employment cases and summary judgements as well as conducting employment due diligence for corporate transactions. Prior to joining Polsinelli, Isaac was a summer associate and served as a congressional intern and served as Co-President of the Iowa Student Bar...

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