Rapid Developments For OSHA's COVID-19 Emergency Temporary Standards

One in, one out, one in again. 

One in: Employers with 100 employees or more should be prepared to comply with OSHA's emergency temporary standard (ETS) that would require them to have their employees fully vaccinated or tested regularly. After extensive litigation, the ETS is currently in effect, although OSHA has delayed the compliance dates. This could change soon, however. The ETS is in the hands of the Supreme Court, which will hear oral arguments on Friday, January 7, 2022. Unless the Court acts immediately, employer compliance with large parts of the ETS will be due the following Monday, January 10. 

One out:  OSHA has withdrawn most of its ETS for healthcare employers, as more than six months have passed without adoption of a permanent standard, as required by section 6(c) of the Occupational Safety and Health Act of 1970 (OSH Act). Withdrawal will likely become official once OSHA publishes a notice to that effect in the Federal Register. OSHA encourages