On Tuesday, January 25, 2022, the Biden administration announced the withdrawal of the OSHA’s vaccinate-or-test Emergency Temporary Standard (ETS).  However, the ETS is not being withdrawn as a proposed rule, rather, OSHA will focus its resources on promulgating a permanent rule rather than an ETS.

To view OSHA’s statement, click here.  To view the Federal Register, click here.

Both are also available on our website at www.poolpact.com to registered users in the OSHA Guidance folder under COVID-19 (Coronavirus) Resources.

What does this mean?

The Emergency Temporary Standard will not be enforced.  However, the ETS also served, and is still serving, as a proposed permanent rule complying with the usual required notice-and-comment periods.  Once comments are received and reviewed, OSHA will then promulgate, revoke, or modify a permanent rule or make a determination that a rule should not be issued. 

In addition, as the ETS has been withdrawn, State Plans (including Nevada) are not required to take any action.

We will continue to monitor and update our members as information becomes available.  As always, please contact your HR Business Partner with any questions you may have.