Insights: Alerts OSHA Announces Withdrawal of COVID-19 Vaccination and Testing ETS
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. Please monitor our main COVID-19 Resource Center page and/or your email for updates.
On Tuesday, January 25, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced it is withdrawing the emergency temporary standard (“ETS”) issued on November 5, 2021. As discussed in prior legal alerts, the ETS required that workers of employers with 100 or more employees be vaccinated against COVID-19 or be tested weekly, among other requirements.
OSHA’s announcement comes in the wake of the U.S. Supreme Court’s ruling that OSHA could not enforce the standard while the Sixth Circuit Court of Appeals evaluated the rule’s legality. Once OSHA announced it would withdraw the ETS, OSHA’s lawyers moved to dismiss the legal challenge to the ETS before the Sixth Circuit, stating that the announced withdrawal has mooted the legal challenge, which was brought by several majority-Republican states. Notably, in its January 25, 2022 announcement, OSHA indicated it would pursue adoption of vaccination and testing standards through formal rulemaking.
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.