Government Withdraws Employer Vaccine/Testing Mandate

What happened: The Occupational Safety and Health Administration (OSHA) Jan. 26 formally withdrew its COVID-19 vaccination and testing mandate for private employers with 100 or more employees. The move came two weeks after the U.S. Supreme Court halted enforcement of the agency’s emergency temporary standard (ETS).

Why it matters: This is a major regulatory victory for ARTBA and the numerous other parties who took legal action against the ETS. While OSHA has indicated it will now move on from that mandate, the agency said it intends to re-introduce it as a proposed rule. OSHA emphasized it still encourages employee vaccinations “against the continuing dangers posed by COVID-19 in the workplace.”

What’s next: OSHA has not yet indicated when and how it will re-introduce the mandate or specifics on a public comment period and other aspects of the process. With ARTBA’s current litigation against the ETS likely winding down, the association will remain fully engaged in all rulemaking on this issue and keep our members informed.