In light of the Supreme Court ruling on January 13, 2022, OSHA is withdrawing the Emergency Temporary Standard (ETS) related to vaccination and testing policies for employers with more than 100 employees. For employers, this means that you have the flexibility to choose which practices best address COVID-19 concerns in your workplace. While the ETS has been withdrawn, the vaccine-or-test policy remains as a proposed permanent rule and may become permanent at some point in the future.
Employers across the nation now face a patchwork of state and local laws regarding vaccine mandates and other laws regarding COVID-19. Some states and municipalities have state-level OSHA plans, and each locality will individually be responsible for its own next steps. For example, New York City already has a vaccine mandate in place while other states and localities prohibit such mandates.
We encourage all employers to stay attuned to your employees concerns, as well as their health and safety needs. Remember, in most states, employers still retain the right to mandate vaccines and/or testing if they choose.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.