OSHA Withdraws Federal Vaccine Mandate for Businesses

WASHINGTON, D.C. — The federal vaccine and testing mandate for large companies is off the table, at least for now. 

On Tuesday, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced it is withdrawing the vaccination and testing emergency temporary standard (ETS) issued on Nov. 5. The move is effective Wednesday, Jan. 26.

"Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule," the agency stated on its website. "The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard."

OSHA continues to "strongly encourage" U.S. employees to get the COVID-19 vaccine.

In early November, OSHA issued its rule calling for all businesses with 100 or more employees to require proof of vaccination. Unvaccinated employees would be required to be tested for COVID-19 once a week and wear a mask.

The ETS was immediately met with criticism and faced several legal challenges, which ultimately made their way to the U.S. Supreme Court. After hearing oral arguments on Jan. 7, the court blocked the federal mandate for companies with 100 or more employees.

"OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID-19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here," the conservatives wrote in an unsigned opinion released on Jan. 13.