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DOL/OSHA RIN: 1218-AD42 Publication ID: Fall 2022 
Title: COVID-19 Vaccination and Testing Emergency Temporary Standard Rulemaking 

OSHA published an emergency temporary standard to protect workers from the grave danger of COVID-19 transmission in the workplace. The standard requires all covered employers to develop and implement a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to elect either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work. On January 13, 2022, the U.S. Supreme Court stayed the Vaccination and Testing ETS, finding that challengers were likely to prevail on their claims. After evaluating the Court's decision, OSHA withdrew the Vaccination and Testing ETS as an enforceable emergency temporary standard. OSHA did not withdraw the ETS to the extent that it serves as a proposed rule while OSHA continues to evaluate comments and the Court’s decision.

Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Yes  Unfunded Mandates: State, local, or tribal governments; Private Sector 
CFR Citation: 29 CFR 1910.501    29 CFR 1910.504    29 CFR 1910.505    29 CFR 1910.509   
Legal Authority: Occupational Safety and Health Act of 1970 (Pub. L. 91-596)   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  11/05/2021  86 FR 61402   
Interim Final Rule Effective  11/05/2021 
Interim Final Rule Comment Period End  12/06/2021 
Interim Final Rule Comment Period Extended  12/03/2021  86 FR 68560   
Interim Final Rule Comment Period Extended End  01/19/2022 
Interim Final Rule; Withdrawal  01/26/2022  87 FR 3928   
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses, Organizations  Federalism: Yes 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Andrew Levinson
Director, Directorate of Standards and Guidance
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210
Phone:202 693-1950