OSHA has advised the 6th Circuit Court of Appeals that it is withdrawing the emergency temporary standard (ETS) for employers with 100 or more employees. Formal notice will be published in the Federal Register on January 26.
This action was taken in response to the 6-3 decision by the U.S. Supreme Court on January 13 that addressed limits on OSHA’s authority.
OSHA cautioned that it will continue with the rulemaking process under the Administrative Procedures Act by examining comments it already has received from stakeholders. OSHA may issue a rule at a later date concerning COVID-19 and employer obligations in workplaces.
OSHA also has and will continue to exercise its enforcement authority under the general duty clause of the Occupational Safety and Health Act and already has targeted certain employers for enforcement under its National Emphasis Program.