OSHA responds to court decision, withdraws ETS

On January 26, federal OSHA withdrew the ETS that had required private employers with 100 or more employees to provide vaccination or weekly testing for COVID-19. The November 5 final rule now serves only as a proposed rule, but it’s unlikely OSHA would publish a similar final rule given possible legal challenges.

Disappointed with the high court decision, DOL head Marty Walsh argues that COVID-19 is a grave danger at work, and despite the withdrawal, he explains that some things have not changed:

• Employers are responsible for worker health/safety;
• OSHA has COVID-19 guidance to help employers uphold their obligation;
• OSHA will hold employers accountable for protecting workers, including the use of enforcement actions under a COVID-19 National Emphasis Program and the General Duty Clause of the OSH Act; and
• OSHA strongly encourages all employers to require workers to get vaccinated or tested weekly.