Next Steps for Employers After OSHA Withdraws COVID-19 ETS

“Prepare for an OSHA with teeth for the rest of 2022 and beyond. The agency might have been blocked from enforcing its COVID-19 vaccinate-or-test ETS, but it is loaded for bear when it comes to enforcement of workplace safety obligations right now.”

That’s the advice of OMA Connections Partner Fisher Phillips, which has published this new COVID-19-related guidance for employers after OSHA withdrew its vaccine requirement impacting employers with 100 or more employees.

The firm notes that OSHA has indicated it will keep trying to impose a COVID-19 vaccinate-or-test requirement by pursuing a permanent rule through the normal notice-and-comment process. The agency may tailor the rule to a narrower group of employers by targeting specific industries. 1/26/2022