On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS) regarding vaccination and testing. The standard required covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy.
On January 13, 2022, the U.S. Supreme Court stayed the Vaccination and Testing ETS, finding that challenges to the standard were likely to prevail on their claims. Taking this into account, on January 25, 2022, OSHA withdrew the vaccination and testing standard, effective immediately. It is no longer an enforceable OSHA standard. However, OSHA maintains that the Emergency Temporary Standard is a proposed rule that employers should follow.