Labor & Employment Blog

OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard

Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to implement either a mandatory COVID-19 vaccination policy or a policy allowing employees to undergo weekly COVID-19 testing and face covering as an alternative to vaccination.

Yesterday, OSHA filed a motion to dismiss the challenges filed against the ETS, which were consolidated before the Sixth Circuit, as moot since it has withdrawn the ETS.

Even though OSHA is withdrawing the ETS, OSHA may use the framework of the ETS to prepare a permanent rule following the ordinary notice and comment period of the agency rulemaking process. Additionally, OSHA indicated it is still working to finalize a COVID-19 Healthcare Standard.

CMS Rule in Texas

For medical providers that receive Medicare and Medicaid funds, the Centers for Medicare and Medicaid Services’ Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Rule) is now in effect in Texas. Following the Supreme Court’s ruling allowing the CMS Rule to go into effect in other states, the Texas litigation was dismissed. CMS has issued new compliance deadlines specific to Texas. By February 22, 2022, Texas providers must: 1) implement policies and procedures for staff vaccination and addressing medical or religious exemption or delay requests; and 2) ensure all staff have received at least one dose of the COVID-19 vaccine or have requested an applicable exemption. All staff, other than those granted an exemption, are to be fully vaccinated by March 21, 2022.

Chamberlain Hrdlicka’s Labor & Employment Group will continue to monitor COVID-19 developments and other labor and employment issues and is available to answer any questions.