OSHA Withdraws Vaccination and Testing ETS

By Carlie Bacon

On January 25, 2022, the Occupational Safety and Health Administration (OSHA) announced its withdrawal of the Vaccination and Testing Emergency Temporary Standard (ETS) following the Supreme Court’s January 13, 2022 decision. The withdrawal took effect immediately, meaning employers no longer have to wonder if the Sixth Circuit Court of Appeals or the Supreme Court would later revive the rule. Oregon OSHA had already announced it would “not move forward” with its own rule in light of the Supreme Court’s decision.

With no federal rule in place, employers must instead comply with myriad state and local requirements—some of which conflict with one another. We recommend employers seek specific guidance regarding jurisdictional requirements wherever they employ workers. Here in Oregon, Oregon OSHA’s COVID-19 rule regarding infection control planning, exposure risk assessments, sanitation, and notification, as well as the Oregon Health Authority rule requiring wearing face coverings indoors, remain in effect.

This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.

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