OSHA Formally Withdraws Its COVID-19 ETS

On January 25, 2022, the U.S. Occupational Safety and Health Administration (OSHA) formally withdrew its November 5, 2021, emergency temporary standard (ETS), which applied to large employers. Since its issuance in November, the OSHA ETS has been the subject of numerous legal challenges, ultimately resulting in a decision by the Supreme Court of the United States to stay enforcement of the ETS indefinitely pending adjudication of legal challenges at the Sixth Circuit Court of Appeals. OSHA's withdrawal effectively renders the ETS vaccination and testing requirements moot for employers with 100 or more employees.

Despite the withdrawal, OSHA indicated that it does intend to move forward with its traditional notice-and-comment rulemaking for a COVID-19 standard. The comment period under the notice-and-comment rulemaking process closed on January 19, 2022. While it is unclear what the permanent COVID-19 rule will include in light of existing legal challenges, if OSHA