OSHA’s Emergency Temporary Standard and Order of Stay

On November 5, 2021, OSHA released an ETS that requires employers with at least 100 employees to adopt a vaccination policy that requires employees to be fully vaccinated or submit to at least weekly testing.

On November 12, the US Court of Appeals for the Fifth Circuit indefinitely blocked the ETS. OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

On November 16, 2021, the federal court’s Judicial Panel on Multidistrict Litigation held its lottery and all the petitions filed nationwide against OSHA’s ETS will now be transferred to a court in the Sixth Circuit.

OSHA:
COVID-19 Vaccination and Testing ETS

Jackson Lewis:
OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Masuda Funai:
OSHA’s COVID Emergency Temporary Standard Assigned to the Sixth Circuit