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The Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standard ETS. OSHA will enforce all requirements except testing for unvaccinated employees.
On Friday December 17, 2021, a three-judge panel of the Sixth Circuit lifted the Fifth Circuit’s stay that had prevented the OSHA Emergency Temporary Standard on COVID-19 from being implemented for employers with 100 or more employees.
On December 17, 2021, the Sixth Circuit entered an Order lifting the stay imposed by the Fifth Circuit of OSHA’s Emergency Temporary Standard, which requires employers with 100 or more employees to implement a COVID-19 mandatory vaccination or testing policy.
U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccination and testing for employers with 100 or more employees.
Our guess is that though the Supreme Court will decide the case before OSHA’s January 10 compliance date, it may not do so until after the issue is fully briefed. Employers with more than 100 workers deserve an answer on this critical issue sooner rather than later.