OSHA Formally Withdraws Vaccination Mandate ETS

On Wednesday, January 26^th, OSHA officially withdrew its vaccination mandate ETS in response to the Supreme Court’s decision in NFIB v. OSHA. However, employers should be aware that OSHA did not withdraw the ETS “to the extent that it serves as a proposed rule.”

What Does This Mean?

This means that OSHA could revise its former vaccination mandate and follow through on the proper rulemaking process to present a new rule that would meet the perimeters described by the Supreme Court.

In NFIB v. OSHA, the Supreme Court noted that while OSHA exceeded its delegated constitutional authority, OSHA could regulate occupation-specific risks related to COVID–19. Specifically, the Court found that “Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible.” OSHA concluded its withdrawal by stating that “The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”

Our Labor & Employment team will continue to monitor the situation. If you have questions in the interim, please contact your Knox Law attorney or call 814-459-2800.

For more information, please contact Sarah Holland.