OSHA Withdraws Vaccine-Or-Test Rule for Large Employers

Following the United States Supreme Court’s ruling on January 13, 2022, the Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees.  

The Court directed the Sixth Circuit to consider the substantive validity of the ETS. Enforcement of the ETS is stayed pending that review, and potentially a final review again by the Supreme Court. 

Jackson Lewis:
OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

Littler:
Supreme Court Stays OSHA “Vaccinate or Test” Emergency Temporary Standard