OSHA Officially Withdraws Vaccine Mandate

Jan. 28, 2022

The move comes after the U.S. Supreme Court ruled that OSHA had exceeded its authority in issuing the emergency temporary standard. 

Jan. 28, 2022—The Occupational Safety and Health Administration is officially withdrawing the vaccination and testing emergency temporary standard that required businesses with more than 100 employees to mandate vaccines or submit weekly negative tests, the organization announced on Tuesday. 

The move comes after the U.S. Supreme Court ruled that OSHA had exceeded its authority in issuing the emergency temporary standard. 

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.

The Biden administration is ending its legal battle over the mandate — at least for now. OSHA will ask the U.S. Court of Appeals for the 6th Circuit to dismiss all cases related to the mandate, according to a Labor Department spokesperson. 

OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.

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