On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”) announced the withdrawal of its emergency temporary standard (“ETS”) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with weekly COVID-19 testing and face covering requirements. OSHA’s withdrawal of the ETS nullifies employers’ obligations under the standard.

Notably, employers must continue to comply with state or local government vaccination and/or testing requirements, which are not affected by the withdrawal of the ETS. In addition, all employers must continue to take appropriate, reasonable COVID-19 workplace infection control and mitigation measures consistent with the General Duty Clause in the OSH Act, which requires that employers provide their employees with a working environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”