January 25, 2022

OSHA Withdraws ETS Final (COVID-19 Vaccination) Rule

Today, OSHA announced it is withdrawing its ETS effective tomorrow when the notice is published in the Federal Register. This means that we no longer need to wait for the 6th Circuit’s decision on the merits of the legal challenges to this rule; OSHA is not pursuing any appeal.

OSHA does notify us, however, that it “is not withdrawing the ETS as a proposed rule. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.” So, stay tuned.  We may be doing this all over again in 2022.

Until then, “OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.” As suggested in a previous story, if you do so, ensure it complies with any state mandates or restrictions. There are currently at least 11 states with respective laws in place. Note that the number was only ten states in the preceding story in November!