After having the OSHA ETS rejected by the SCOTUS last week, the Department of Labor (DOL) this week announced that it was officially withdrawing its Emergency Temporary Standard (ETS) that would have required that all employers with 100 or more employees require either their vaccination or a weekly negative COVID test. It also formally published notice of its rescission in the Federal Register this past Wednesday, January 26, the effective date of the rescission. As good as this news is for larger employers with 100 or more workers, there is a “fly in the ointment” in that DOL made clear that although the emergency temporary standard was withdrawn, OSHA was maintaining and moving forward with plans for a permanent standard to be implemented once the rulemaking process is completed, which will be in May. In its announcement, the agency said, “Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard, OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule […] or otherwise affect the status of the notice-and-comment rulemaking commenced by the Vaccination and Testing ETS.” Consequently, we can expect to see more mandates along the vaccine or test idea affecting larger employers in the coming months.