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Although many had anticipated that the U.S. Supreme Court might rule on the legality of the OSHA ETS prior to today, the Court’s failure to do so means that covered employers should be prepared to comply.
On January 3, 2022, Minnesota’s Occupational Safety and Health Administration MNOSHA adopted the federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard ETS published on November 5, 2021.
On January 3, 2022, Minnesota’s Occupational Safety and Health Administration MNOSHA adopted the federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard ETS published on November 5, 2021.
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.