OSHA Withdraws COVID-19 Vaccine or Testing Mandate for Large Employers

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OSHA Withdraws COVID-19 Vaccine or Testing Mandate for Large Employers

In January 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) withdrew the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued to protect unvaccinated employees of large employers with 100 or more workers from workplace exposure to COVID-19, according to a statement from OSHA. The withdrawal took effect on January 26, 2022.

Although OSHA withdrew the Vaccination and Testing Emergency Temporary Standard as an enforceable ETS, the agency is not withdrawing the ETS as a proposed rule but rather prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard. OSHA strongly encourages the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.

On January 13, 2022, in a decision that prompted the withdrawal, the Supreme Court of the United States issued a ruling in the case of National Federation of Independent Business v. Department of Labor that blocked the vaccine and testing mandate issued by the OSHA that required employers with 100 or more employees to mandate COVID-19 vaccination or weekly testing for COVID-19 in their workforces.

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the Supreme Court explained in the majority opinion.

In September 2021, U.S. President Joe Biden had announced an emergency rule requiring all employers with at least 100 employees “to ensure their workforces are fully vaccinated or show a negative test at least once a week.” In November 2021, OSHA published the rule in the Federal Register. After litigation involving the rule, the Supreme Court heard oral arguments “on an emergency basis” in January 2022.

COVID-19 is a potentially deadly respiratory illness that spreads from person to person. As of January 27, 2022, there are approximately 363 million global cases and 5.6 million global deaths, while the United States leads the world with approximately 72 million cases and 876,000 deaths, according to the COVID-19 Dashboard by the Center for Systems Science and Engineering at Johns Hopkins University.

ClearStar – a Hanover Investors portfolio company – is a leading provider of Human Capital Integrity℠ technology-based services specializing in background, credit, and medical screening. To learn more about ClearStar, please visit www.clearstar.net.

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    Thomas Ahearn - News Blog Editor and Social Media Manager

    Thomas Ahearn is our News Blog Editor and Social Media Manager. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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