By Conn Maciel Carey LLP’s COVID-19 Task Force
Although it has only been 10 days since OSHA delivered a proposed COVID-19 Vaccination and Testing emergency temporary standard (ETS) to the White House’s Office of Management and Budget (OMB), a lot has happened. We have seen bizarre attempts by groups of individuals to try to muck up the OMB review process. The US Department of Labor sent letters to certain states informing them that federal OSHA is considering revoking their approved status to operate their State OSH Plans. And, President Biden’s nominee to Head OSHA, Doug Parker, is scheduled to be confirmed early next week. Here is a summary of what we’ve been seeing and where we are now.
When Will the Vaccination and Testing ETS be Issued?
The stakeholder input process at OMB’s Office of Information and Regulatory Affairs (OIRA) is well underway. OMB’s website reflecting the schedule of Executive Order 12866 meetings is normally only updated once per day, making it hard to nail down when OMB intends to conclude its review of the proposed ETS. As of the end of last week, we heard that OMB might conclude its review process as early as last Friday, October 12th, but every day, OMB’s website updated to include more and more stakeholder meetings. As of this morning (Friday, October 22nd), the OMB website updated again, and it did add some new scheduled OIRA EO 12866 stakeholder meetings (now up to 68 meetings), but all of the new meetings have been scheduled to be completed today by 3 PM.
It is beginning to look to us like OMB will have “completed” its review of the ETS by the end of the day today, so at this point, we think OSHA could release the pre-publication package revealing the regulatory text and the preamble of the final ETS, as early as the close of business today.
We have also been hearing Continue reading