The Occupational Safety and Health Administration (OSHA) formally withdrew its COVID-19 Emergency Temporary Standard (ETS) today. The rule required employers with 100 or more employees to ensure their workforce was vaccinated or undergo weekly COVID-19 testing and mask wearing while in the workplace. The withdrawal follows a ruling earlier this month by the U.S. Supreme Court (SCOTUS) staying the ETS on the grounds that it likely exceeded OSHA’s statutory authority.

IWLA and several trade associations filed suit against OSHA in National Federation of Independent Business, et al. v. Dept. of Labor, OSHA, et al. The case was one of only two argued before the SCOTUS that ruled in favor of the plaintiffs, granting emergency relief from OSHA’s enforcement of the ETS.

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