On November 6, 2021, the U.S. Fifth Circuit Court of Appeals issued a stay halting the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), which required private employers with 100 or more employees to implement a mandatory COVID-19 vaccination policy or required unvaccinated employees to undergo weekly testing.
On December 17, 2021, the U.S. Sixth Circuit Court of Appeals, which was handling all challenges to OSHA’s ETS, dissolved the Fifth Circuit’s stay.
In order to allow employers ample time to comply with the ETS, OSHA noted that it will not issue citations to employers for noncompliance until after January 10, 2022
To read the U.S. Sixth Circuit’s decision, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.