In light of the recent U.S. Supreme Court decision enjoining the enforcement of the OSHA Vaccination and Testing Emergency Temporary Standard (ETS), OSHA has officially withdrawn the ETS. This ETS applied to all employers with 100 or more employees and required businesses to implement a vaccine mandate or weekly testing option for all employees. However, OSHA noted, “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 is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.” This will effectively end all the ongoing litigation challenging the Vaccination and Testing ETS. OSHA standards take much longer to enact than CMS proposed rules (typically 6+ years), but we will continue to monitor any developments.

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804