Federal Court Blocks OSHA COVID-19 Vaccination Emergency Temporary Standard

As we previously reported, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) on November 4, 2021, requiring most employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or undergo weekly testing and wear a face covering at work.  (Our earlier alert about the ETS can be viewed here.)  Almost immediately after OSHA issued the ETS, several lawsuits were filed in federal court seeking to block its enforcement on a variety of grounds. On November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an injunction blocking OSHA from enforcing or implementing the ETS nationwide.  As a result, covered employers are not legally required to comply with the ETS and will not be required to do so until, and unless, the stay is lifted.  Under the federal court rules, all of the lawsuits challenging the ETS have been moved to, and will be decided by, the U.S. Court of Appeals for the Sixth Circuit, which is located in Cincinnati, Ohio.  There is no scheduled time for the court to issue its decision.       

Read more...