OSHA Withdraws COVID-19 ETS for Large Employers, Will Now Treat It As A Proposed Rule

Earlier this week, OSHA published a notice in the Federal Register to withdraw its November 5, 2021 emergency temporary standard (ETS) mandating the COVID-19 vaccine or weekly testing for employers with 100 or more employees.

In the notice, OSHA explains that it is withdrawing the ETS as an enforceable emergency temporary standard in light of the January 13, 2022 Supreme Court decision staying the ETS. However, OSHA states that while it is withdrawing the ETS as an enforceable emergency temporary standard, it is now treating the ETS as a proposed rule and intends to review comments received during the rulemaking process and ultimately issue a final rule through ordinary notice and comment rulemaking. -SWACCA