OSHA Withdraws Vaccination and Testing ETS

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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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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