OSHA announced today that it plans to withdraw its Emergency Temporary Standard (ETS), effective upon its publication in the Federal Register tomorrow. The Supreme Court ruled 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.”