06 January 2022

Michigan Employers Likely Have More Time to Comply with OSHA Vaccine-or-Test ETS

Today, January 6, 2022, the Michigan Department of Labor and Economic Opportunity (LEO) confirmed that it has not yet adopted the OSHA 100+ employee vaccine-or-test ETS, and the agency indicated that it is not likely to do so before Monday, January 10—federal OSHA’s initial compliance deadline for the ETS.  This means that Michigan employers likely have more time to comply.

Because LEO has not yet adopted the federal standard, no compliance deadlines are currently in place for Michigan employers who would otherwise be covered by the ETS.  LEO’s announcement said that OSHA has given Michigan a January 24 deadline to adopt a state standard.

The U.S. Supreme Court is hearing oral argument tomorrow, January 7, regarding whether the OSHA ETS should be stayed pending full review of the merits.  In its announcement, LEO noted that it is “closely monitoring the legal challenges while preparing for the deadline to adopt [the ETS] to align with federal standards.”  It is widely expected that the Supreme Court will issue its decision soon after tomorrow’s oral argument.

At the same time, LEO’s announcement encouraged employers to continue preparing to comply with the ETS by directing them to OSHA’s website at

The full announcement by Michigan’s Department of Labor and Economic Opportunity may be accessed here.