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OSHA Withdrawing Vaccination and Testing Emergency Temporary Standard

Jan 25, 2022

OSHA has withdrawn its COVID-19 vaccination and testing emergency temporary standard (ETS) issued on Nov. 5, 2021. The ETS was intended to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to coronavirus. The withdrawal took effect Jan. 26, 2022.

"Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule," the agency explains, adding that it is prioritizing its resources to focus on finalizing a permanent COVID-19 standard for healthcare.

It's expected that OSHA will continue its efforts to reduce workplace exposures to COVID-19 by citing standards covering respiratory protection, PPE and sanitization. The agency can also cite the General Duty Clause to address recognized workplace hazards such as COVID-19.

For more information, please refer to OSHA’s COVID-19 Vaccination and Testing ETS webpage and Federal Register notice.

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