In the wake of the recent U.S. Supreme Court ruling, the Biden Administration has officially withdrawn the OSHA rule requiring employees to either get vaccinated or be subject to regular testing. Below are messages from the American Hotel & Lodging Association and the National Restaurant Association on this latest development.
American Hotel & Lodging Association
Today the Occupational Safety and Health Administration (OSHA) announced the official withdrawal of the Vaccine and Testing Emergency Temporary Standard (ETS), which mandated employers with 100 or more employees to require workers to either be vaccinated or undergo weekly COVID testing. The move comes on the heels of a Supreme Court decision earlier this month, which stated that “challengers were likely to prevail on their claims” in the ongoing legal challenges to the ETS.
The Biden Administration’s federal contractor vaccine mandate continues to be in a stay following December’s ruling by a federal court. AHLA will continue to provide updated information as it becomes available.
AHLA continues to urge all qualified individuals to get vaccinated to ensure the safety of our communities. As an industry, our priority has always been the safety of our guests and employees, and we will continue to adhere to guidance from public health agencies as we continue down the road of recovery.
National Restaurant Association
Today, following the recent U.S. Supreme Court decision blocking enforcement of the Emergency Temporary Standard (ETS) that mandated employers with 100+ employees to require COVID-19 vaccination or weekly testing, the Occupational Safety and Health Administration (OSHA) officially withdrew the ETS. You can see the full notice here.
In the announcement, OSHA stated that “[it] is not withdrawing the ETS to the extent that it serves as a proposed rule.” Given the breath of the U.S. Supreme Court opinion with regard to OSHA’s ability to promulgate such a mandate, it will be interesting to see if OSHA does attempt to revive the mandate through a non-ETS regulatory process. You can read the U.S. Supreme Court’s decision here. We will continue to track this issue.