OSHA COVID-19 Emergency Temporary Standard (ETS) Vaccine and Testing Resources

Jan. 25, 2022: OSHA Withdraws COVID-19 vaccination and weekly testing ETS, but not the proposed permanent rule - the standard rule-making process will continue. Employers are still expected to provide a safe and healthy workplace for their employees and follow other existing OSHA COVID-19 guidance. Employers should also monitor OSHA communications for information about the possible permanent standard.

Jan. 13, 2022: The Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS) for private employers and sends it back to the 6th Circuit Court. Given this new stay, private employers are not required to comply with the OSHA ETS vaccination and testing mandate at this time.

On Dec. 22nd, the Supreme Court said it would hold a special hearing on Jan. 7th to assess the legality of two initiatives of the Vaccination and Testing Mandate. Justices had not been scheduled to return to the bench until the following Monday.

Dec. 17, 2021: The Sixth Circuit Court reinstated the ETS; OSHA has stated it will not issue any citations for non-compliance prior to January 10th and will not issue citations for non-compliance with the testing requirements prior to February 9th, provided employers are exercising good faith efforts to comply.

On November 5th, OSHA released its Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees. At that time, employers were to begin following the ETS requirements by December 5th and testing requirements on Jan. 4th; however, the Fifth Circuit of Appeals blocked the ETS on Nov. 12th.

The ETS is extensive and Employers covered by the ETS will need to take steps to comply and communicate requirements. Below are resources to assist Employers with compliance including ETS summaries, news releases, OSHA Webinar, fact sheets, policy and letter templates and more.

We are closely monitoring legal challenges and will be sharing additional details and resources as they become available. If you have any questions, please contact any member of your Sullivan Benefits team - we're here to help you navigate your way and be compliant.