SBE Council’s Kerrigan Responds to Withdrawal of OSHA’s Vax-and-Test Mandate

By at 25 January, 2022, 7:52 pm


For Immediate Release

Washington, D.C. – Today, the Department of Labor’s (DOL’s) Occupational Health and Safety Administration (OSHA) announced that it is withdrawing the vaccine and testing emergency temporary standard (ETS) for employers with 100 or more workers as an enforceable emergency temporary standard (ETS), but the agency is not withdrawing it as a proposed rule. OSHA also said it will focus its efforts on finalizing a COVID healthcare standard. Small Business & Entrepreneurship Council (SBE Council) president & CEO Karen Kerrigan issued the following statement on today’s announcement by OSHA:

“We are pleased the ETS mandate is being withdrawn following the Supreme Court decision on January 13, which ruled that OSHA exceeded its authority.  OSHA’s vax-and-test mandate was an unworkable directive with inflexible and confusing procedures and harsh penalties that would have tied many of our workplaces in knots. We continue to admire the outstanding work of America’s business community, as entrepreneurs and their teams successfully navigate the twists and turns of the pandemic and continue to put the safety of employees and customers as a top priority.  President Biden and government regulators need to recognize these successful efforts as well.

“Government has proven that it cannot predict or stay ahead of COVID. And in general, government mandates that attempt to regulate America’s diverse workplaces through restrictive rules in a dynamic economy can do far more damage than what they intend. This is what President Biden, the DOL and regulators across agencies need to recognize and respect in their regulatory efforts moving forward, especially in a recovering and uncertain economy.”



SBE Council is nonpartisan advocacy, research and education organization dedicated to protecting small business and promoting entrepreneurship. For 27 years, SBE Council has worked on and advanced a range of private sector and public policy initiatives to strengthen the ecosystem for strong startup activity and small business growth. Visit for additional information. Twitter: @SBECouncil




News and Media Releases