On Tuesday, the Biden administration announced it was withdrawing its COVID-19 vaccinate-or-test rule for large businesses following the Supreme Court’s decision to block the rule on Jan. 13.

The withdrawal took effect Jan. 26. According the Occupational Safety and Health Administration (OSHA) website, while it’s withdrawing its Emergency Temporary Standard (ETS) as an enforceable standard, it is not withdrawing it as a proposed rule.

“The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard,” the website states.

The ETS called for employers with 100 or more employees to either vaccinate their workers or have them regularly tested for COVID-19 and wear masks while on the job. Employers were also tasked with tracking the vaccination status of their employees. However, the Supreme Court moved to block the rule, saying the Biden administration overstepped its authority.

In our latest Legal Insights video, Trent Cotney, CEO of Cotney Attorneys & Consultants, breaks down the Biden administration’s decision and what the withdrawal means for contractors.

“So what the Biden administration did today is they said, ‘We’re not going to purse this anymore,’” said Cotney. “It is a pretty big exclamation point on that whole saga of the OSHA Emergency Temporary Standard.” 

The withdrawal comes at a time where the omicron variant is causing spikes in cases and hospitalizations around the country, and health officials have detected a new sub-variant of omicron in more than 40 countries, including the U.S.

Cotney also discusses what he and his team are presenting during this year’s International Roofing Expo taking place Feb. 1-3 in New Orleans.

Click here to access the podcast version of this Legal Insights episode.