--- title: OSHA Withdraws Vaccine or Test Mandate description: OSHA announced plans to withdraw its Emergency Temporary Standard requiring large employers to mandate vaccines or weekly testing of employees. --- [Argentum Logo\_RGB2](https://argentum.org) Search - [About Argentum](https://argentum.org/about-argentum/) - [Leadership](https://argentum.org/about-argentum/leadership/) - [State Partners](https://argentum.org/about-argentum/state-partners/) - [Membership](https://argentum.org/about-argentum/membership/) - [Media Kit](https://www.argentum.org/advertising-and-sponsorship/) - [Advocacy](https://argentum.org/advocacy/) - [Federal Advocacy](https://argentum.org/advocacy/federal-advocacy/) - [State Advocacy](https://argentum.org/advocacy/state-advocacy/) - [Silver PAC](https://argentum.org/advocacy/silver-pac/) - [Advocacy News](https://www.argentum.org/advocacy/advocacy-news/) - [Events](https://argentum.org/events/) - [Senior Living Executive Conference](https://conference.argentum.org) - [Webinars](https://www.argentum.org/webinars/) - [Executive Director Leadership Institute](https://edli.argentum.org/) - [Chief Executive Summit](https://argentum.org/events/chief-executive-summit/) - [Advocacy Fund Golf Classic](https://www.argentum.org/golfclassic/) - [Senior Living Symposium](https://symposium.argentum.org/) - [Public Policy Institute & Fly-In](https://argentum.org/events/public-policy-institute-fly-in/) - [Media](https://argentum.org/media/) - [Coronavirus Toolkit](https://www.argentum.org/coronavirustoolkit/) - [Press Releases](https://argentum.org/press-releases/) - [Senior Living Executive Magazine](https://argentum.org/media/senior-living-executive-magazine/) - [Argentum Daily](https://argentum.org/media/argentum-e-newsletter/) - [Senior Living Professional](https://www.argentum.org/senior-living-professional/) - [Members in the News](https://argentum.org/topic/members-in-the-news/) - [Search by Topic](https://argentum.org/media/search-by-topic/) - [Research & Initiatives](https://argentum.org/research-and-initiatives/) - [Senior Living Impact](https://seniorlivingimpact.org/) - [Senior Living Works](https://seniorliving.works) - [Senior Living IQ](https://seniorlivingiq.org) - [Women in Leadership](https://www.argentum.org/research-and-initiatives/women-in-leadership/) - [Argentum Quarterly](https://argentum.org/research-and-initiatives/argentum-quarterly/) - [Awards Programs](https://www.argentum.org/research-and-initiatives/awards-recognition-programs/) - [LEAD Program](https://www.argentum.org/lead-program/) - [Standards for Senior Living](https://www.argentum.org/research-and-initiatives/standards-for-senior-living/) - [Professional Development](https://argentum.org/professional-development/) - [Senior Living Supplier Directory](https://seniorlivingsupplierdirectory.com/) - [Senior Living Career Center](http://seniorlivingcareers.argentum.org/) - [Certificate Programs and Certification](https://argentum.org/professional-development/professional-certification/) - [Resource Library](https://www.argentum.org/professional-development/resource-library/) - [Executive Roundtables](https://argentum.org/professional-development/executive-roundtables/) # OSHA Withdraws Vaccine or Test Mandate - [Tweet](https://twitter.com/share) OSHA [announced](https://public-inspection.federalregister.gov/2022-01532.pdf) today that it plans to withdraw its [Emergency Temporary Standard (ETS)](https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard), effective upon its publication in the Federal Register tomorrow. The Supreme Court [ruled](https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf) earlier this month to block enforcement of the OSHA ETS and signaled that if it were to come before the Court again it was likely to be overturned. OSHA indicated that withdrawing the ETS does not impact its status as a proposed rule, and it is anticipated that the agency will issue a new workplace rule. Department of Labor Secretary Marty Walsh noted, "The Supreme Court opened up a couple of potential different areas which we'll explore. They talked about assembly line, medical — there’s like three or four general areas that you could read into. We could do something there." The Supreme Court ruled 6-3 to return the mandate’s legal challenges to the lower courts to decide on the merits. That ruling heavily signaled that the Court would not be favorable to the ETS if it returned for consideration on the merits, noting that, “Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.” Argentum submitted [comments](https://www.argentum.org/wp-content/uploads/2022/01/Argentum_OSHA_2021_0007_ETS_Jan2022_Comments_Final.pdf) in response to the ETS to formally share our concerns with the ETS and its potential impact on senior living providers. While the OSHA ETS has been withdrawn, please note that the [CMS Interim Final Rule (IFR)](https://www.federalregister.gov/documents/2021/11/05/2021-23831/medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-vaccination) was allowed to proceed based on the Supreme Court’s ruling, although this mandate applies only to Medicare and Medicaid-certified facilities, and does not apply to assisted living facilities, including providers of Home and Community-based Services. Argentum submitted [comments](https://www.argentum.org/wp-content/uploads/2022/01/Argentum_CMS-3415-IFC_Jan2022_Comments_Final.pdf) to the IFR earlier this month reiterating the lack of authority by CMS to regulate assisted living. Topics: [Vaccine](https://blog.argentum.org/topic/vaccine), [Biden Administration](https://blog.argentum.org/topic/biden-administration) ### Written by [Argentum](https://blog.argentum.org/author/argentum) ## Stay Connected Get updates on the latest news in the senior living community. ### Footer Newsletter - [Contact Us](https://argentum.org/about-argentum/leadership/staff/) - [Terms of Use](https://argentum.org/terms-of-use/) - [Privacy Policy](https://argentum.org/privacy-policy/) - [Trademarks](https://argentum.org/trademarks/) - [Senior Living Supplier Directory](https://seniorlivingsupplierdirectory.com/) - [Senior Living Career Center](https://https://seniorlivingcareers.argentum.org/) - [Cookie Policy](https://www.argentum.org/cookie-policy/) [![Review](https://www.argentum.org/wp-content/uploads/2020/02/GPTW-2020-2021-Graphic.png)](http://www.greatplacetowork.com/certified-company/7011541)1650 King Street, Suite 602 Alexandria, VA 22314 [(703) 894-1805](tel:703-894-1805) Argentum is the leading national trade association serving companies that own, operate, and support professionally managed senior living communities in the United States. ©2026 Argentum - [LinkedIn](https://www.linkedin.com/company/alfa---assisted-living-federation-of-america) - [Facebook](https://www.facebook.com/ArgentumSeniorLiving/) - [Twitter](https://twitter.com/argentum) - [YouTube](https://www.youtube.com/user/assistedlivingfed)