1. Home
  2. |Insights
  3. |OSHA Withdraws Its COVID-19 Vaccination and Testing ETS Effective January 26, 2022

OSHA Withdraws Its COVID-19 Vaccination and Testing ETS Effective January 26, 2022

Client Alert | 1 min read | 01.25.22

Following the Supreme Court’s granting of the emergency motion to stay enforcement of the Occupational Health and Safety Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) on January 13, 2022 (which we previously covered here), OSHA announced on January 25, 2022 that it is withdrawing the ETS as an enforceable emergency temporary standard, effective January 26, 2022, and will instead prioritize its resources on finalizing a permanent COVID-19 Healthcare Standard, per OSHA’s statement on its website. OSHA noted that it is not withdrawing the ETS as a proposed rule, which will continue to work its way through the ongoing notice and comment rulemaking process. 

According to the Federal Register notice, OSHA is not providing an opportunity for public comment on this withdrawal. It also notes that states with their own OSHA-approved occupational safety and health plans are not required to take any action in response to this withdrawal.

In light of this development, the Government filed a motion to dismiss the petitions challenging the ETS before the Sixth Circuit as moot.

OSHA emphasized that it still strongly encourages the vaccination of workers against COVID-19 notwithstanding the withdrawal of the rule.

Insights

Client Alert | 5 min read | 12.23.25

An ITAR-ly Critical Reminder of Cybersecurity Requirements: DOJ Settles with Swiss Automation, Inc.

Earlier this month, the Department of Justice (DOJ) announced that Swiss Automation Inc., an Illinois-based precision machining company, agreed to pay $421,234 to resolve allegations that it violated the False Claims Act (FCA) by inadequately protecting technical drawings for parts delivered to Department of Defense (DoD) prime contractors.  This settlement reflects DOJ's persistent emphasis on cybersecurity compliance across all levels of the defense industrial base, reaching beyond prime contractors to encompass subcontractors and smaller suppliers.  The settlement is also a reminder to all contractors not to overlook the often confusing relationship between Controlled Unclassified Information (CUI) and export-controlled information....