Whether OSHA's ETS will withstand the expected legal challenges remains to be seen. But while the outcome of those legal challenges may impact the federal government's ability to force vaccine mandates on businesses, the outcome of those challenges should not impact the legality of a business' voluntary decision to impose vaccine mandates or testing on employees. (Credit: Leigh Prather/Adobe Stock)
On October 12, nearly a month after President Biden directed the Occupational Safety and Health Administration (OSHA) to issue a rule mandating COVID-19 vaccinations or weekly testing for all private sector businesses with 100 or more employees, OSHA finally submitted an emergency temporary standard (ETS) to the White House's Office of Information and Regulatory Affairs (OIRA) for review. The ETS has not yet been made available to the public and OIRA's review process could take days, weeks or months. But once the ETS is finalized and published by the Federal Register (the federal entity responsible for publishing federal government rules and regulations), the ETS could take effect immediately.
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