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HR Law Alert: OSHA Withdraws Vaccine-or-Test ETS

The Occupational Safety and Health Administration (OSHA) has withdrawn its vaccine-or-test Emergency Temporary Standard (ETS) for employers with 100 or more employees. This is the official end of the ETS—employers do not need to comply with it.

OSHA is still proceeding with a permanent COVID standard via the regular (slower) rulemaking process, and that standard will have similar requirements if finalized. We will let you know if and when that happens. We expect a permanent rule would likely run into many of the same legal hurdles as the ETS.

Employers should continue to comply with all other federal, state, and local requirements. If you’re in a state with an OSHA State Plan, you should check with your state agency for state OSHA requirements.

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