In an email to members, the National Lumber and Building Material Dealers Association (NLBMDA) announced that the Occupational Safety and Health Administration (OSHA) will formally withdraw their Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for large employers. However, OSHA is not withdrawing the ETS to the extent that it will still serve as a proposed agency rule-making.
This action by OSHA will essentially preserve the status of the ETS as a notice-and-comment rule-making while technically removing the ETS designation, NLBMDA says, adding that it is unclear whether this move by OSHA is legally permissible under federal statute. NLBMDA says it will seek clarity from OSHA in the coming weeks.
OSHA is still prohibited from enforcing any provisions of the ETS at this current time, NLBMDA added.
This announcement by OSHA comes after the U.S. Supreme Court issued a stay against the ETS on Jan. 13. The court’s ruling blocked OSHA from enforcing the provisions of the ETS while the case is reconsidered by the Sixth Circuit Court of Appeals.
NLBMDA will be participating in the next steps of the rule-making on behalf of the industry and will keep members updated on the latest developments from OSHA and the Sixth Circuit Court of Appeals on the ETS as more information becomes available.