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

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.