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OSHA Withdraws Vaccine, Testing Mandate

Following the Supreme Court decision halting the Emergency Temporary Standard (ETS), OSHA has decided to withdraw the requirement that companies with 100 or more employees mandate COVID vaccines or weekly testing.

“While well-intended the OSHA mandate was clear overreach,” said AED’s President & CEO Brian P. McGuire. “AED strongly encourages vaccines. However, the ETS would have placed costly administrative burdens on businesses and exacerbated the equipment industry’s workforce shortage.”

AED, through its leadership role in the National Association of Wholesaler-Distributors, challenged the constitutionality of the mandate. AED also joined 50 other business organizations on comments recently filed with OSHA detailing our concerns with the ETS.

OSHA’s withdrawal of the ETS doesn’t preclude it from utilizing the rulemaking process to implement the mandate. However, that requires notice and comment, and would also face legal challenges. AED will continue to monitor the OSHA situation as well as the federal contractor vaccine mandate, which is currently enjoined by a federal district court.

To read the Department of Labor’s notice visit: https://public-inspection.federalregister.gov/2022-01532.pdf

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