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Capitol Correspondence - 01.24.22

ANCOR Submits Comments in Response to OSHA’s Vaccination and Testing Emergency Temporary Standard

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On January 19, ANCOR submitted written comments to the Occupational Safety and Health Administration (OSHA) in response to OSHA’s vaccination and testing emergency temporary standard (Vaccination ETS). ANCOR’s comments are similar to comments recently filed in response to the Centers for Medicare and Medicaid Services (CMS) Omnibus COVID-19 Health Care Staff Vaccination Rule. Both sets of comments request further clarification due to the overlapping standards from both the OSHA and CMS rules that providers must navigate, and both highlight the ongoing direct support workforce crisis.

OSHA’s Vaccination ETS is still currently tied up in ongoing litigation. Although the Supreme Court recently blocked its implementation, that stay is only temporary while litigation over the rule continues in lower federal courts. Accordingly, ANCOR also requested in our written comments that OSHA delay implementation of the Vaccination ETS compliance until resolution of all pending litigation.