COVID-19 Vaccination and Testing ETS
The ETS on Vaccination and Testing was published in the Federal Register on November 5, 2021. The ETS also acts as a proposal for a permanent standard and OSHA has decided to extend the comment period for that rule by 45 days. Written comments on any aspect of the ETS must now be submitted by January 19, 2022 to www.regulations.gov in Docket number OSHA-2021-0007, which is the only way that OSHA is receiving comments on the ETS. Written comments on the information collection request as described in Section V.K. of the ETS preamble [2021-23643] must still be submitted by January 4, 2022 in Docket number OSHA-2021-0008.
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." The U.S. Court of Appeals for the Sixth Circuit now has jurisdiction over ETS challenges and DOL has filed a motion to lift the stay. While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation. Note that the comment period is separate from the litigation.
About the Standard
- ETS Regulatory Text (29 CFR 1910, Subpart U)
- Federal Register (PDF)
- Ratification Document (PDF)
- Materials Incorporated by Reference
- News Release
- Fact Sheets
- Social Media Toolkit (Spanish)