On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came shortly after the United States Supreme Court stayed the immediate implementation and enforcement of the ETS. You can read our prior article about the Supreme Court’s ruling here. Although the Supreme Court did not rule on the merits of whether the ETS could ultimately stand, the Court indicated when it imposed its emergency stay that the applicants challenging the ETS would likely succeed.
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