OSHA withdrawing Covid vaccination ETS
Effective Jan. 26, the Occupational Safety and Health Administration (OSHA) is formally withdrawing its Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for large employers as an enforceable emergency temporary standard.
However, OSHA is not withdrawing the ETS to the extent that it will still serve as a proposed agency rulemaking.
According to the National Lumber and Building Material Dealer’s Association (NLBMDA), the action by OSHA will essentially preserve the status of the ETS as a notice-and-comment rulemaking while technically removing the ETS designation.
The NLBMDA also said that It is unclear whether this move by OSHA is legally permissible under the federal statute but further clarity from OSHA will be needed in the coming weeks.
In the meantime, OSHA is still prohibited from enforcing any provisions of the ETS.
This announcement by OSHA comes after the U.S. Supreme Court issued a stay against the ETS on Jan. 13.
The court’s ruling blocked OSHA from enforcing the provisions of the ETS while the case is reconsidered by the Sixth Circuit Court of Appeals. At this time, it is uncertain whether the Sixth Circuit will now throw out the case following OSHA’s withdrawal of the ETS.
The NLBMDA said that it will be participating in the next steps of the rulemaking on behalf of the industry and will keep members updated on the latest developments from OSHA and the Sixth Circuit Court of Appeals on the ETS as more information becomes available.
Click here to read OSHA’s documentation regarding the withdrawal of the Nov. 5 ETS, designed for large employers or 100 or more and employees and unvaccinated personnel.
