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On April 4, 2022, a panel of the D.C. Circuit will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to reinstate the Healthcare ETS to COVID-19 pending permanent standard.
Supreme Court decision means non-health care employers with 100 or more workers do not have to implement a vaccination or periodic testing requirement and for now can stop worrying about OSHA enforcement of this ETS.
OSHA announced the withdrawal of its ETS for the healthcare sector, to become official once the Federal Register publishes a notice. In place of the healthcare ETS, OSHA plans to enforce the General Duty Clause, OSH Act section 5(a)(1), using the ETS as a resource.
OSHA is withdrawing most of the Emergency Temporary Standard for healthcare employers. The agency did not withdraw recordkeeping provisions requiring COVID-19 logs and case reports, as they were promulgated under separate provisions of the Occupational Safety and Health Act.