MNOSHA Suspends Enforcement of COVID-19 Vaccination and Testing ETS

In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals for the Sixth Circuit. In light of the stay, MNOSHA will suspend enforcement of the ETS pending future developments.

With the surge of disease generated by the Omicron variant still not at its peak, MNOSHA strongly encourages all employers to continue to implement the requirements of the ETS to protect employees from a hazard that too often causes death or serious physical harm. MNOSHA will continue to enforce all employers’ obligations under the general duty clause and its general standards, including the Personal Protective Equipment (PPE) and Respiratory Protection standards.

On Jan. 3, 2022, Minnesota OSHA (MNOSHA) adopted the federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) published Nov. 5, 2021, to protect the health of workers by mitigating the spread of the unprecedented virus in the workplace. The ETS protected employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination. The ETS required covered employers to administer a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.

Employees with concerns about their safety and health at work are encouraged to contact MNOSHA.