OSHA’s COVID-19 ETS Halted by Federal Court

OSHA’s COVID-19 ETS Halted by Federal Court

Last week, the Occupational Safety and Health Administration (OSHA) published its COVID-19 Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to implement a vaccination policy by December 5 that requires employees to undergo vaccination or face mask requirements and weekly COVID-19 testing by January 4. One day later, the 5th Circuit Court of Appeals granted an emergency stay on the ETS requirements citing “grave statutory and constitutional issues” raised by the plaintiffs. At least 27 states filed lawsuits challenging the ETS in several circuit courts.

Comments on the ETS are due December 6, 2021, and should be submitted in Docket No. OSHA-2021-0007. For fact sheets and frequently asked questions about the ETS, visit OSHA’s ETS homepage.

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