OSHA Sends Draft Vaccine Emergency Temporary Standard to OMB for Review

The Occupational Safety and Health Administration yesterday sent the Office of Management and Budget a draft emergency temporary standard that would implement part of President Biden’s vaccine mandates. In September, Biden directed OSHA to issue an emergency temporary standard that requires all employers with 100 or more employees to have all employees be fully vaccinated or be tested weekly for COVID-19.

Under a Clinton-era executive order, any regulatory action that is projected to have an annual effect on the economy of $100 million or more must be submitted to OMB for review prior to the agency issuing the action. The text of draft actions under OMB review, like the vaccine emergency temporary standard, are not made available to the public.

OMB is permitted 90 days to review the draft action. The review of high-priority agency actions often takes only one to two weeks, so the emergency temporary standard may be issued within the next few weeks or sooner.