Effective January 26, 2022, The Occupational Safety and Health Administration (OSHA) formally withdrew the vaccination and testing emergency temporary standard (ETS) originally issued on Nov. 5, 2021, to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to COVID-19. Our November 2021 Employment Law Newsletter provided an in-depth review of the initially proposed ETS requirements.

In a formal announcement on January 25, 2022, OSHA noted that although they are withdrawing the ETS as an enforceable emergency temporary standard, "the agency 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."

If you have any questions regarding the creation or implementation of the ETS, please contact an attorney in Reminger's Employment Practices Defense Group for guidance.

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