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On December 17, 2021, in a "Friday Night Surprise" the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration's COVID-19 Emergency Temporary Standard (ETS).
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.
Sixth Circuit dissolved the stay issued by the Fifth Circuit. The 2-1 opinion held the ETS was within OSHA’s existing authority and power to regulate viruses and promulgate standards for the health and safety of employees in the workplace
On November 4, 2021, in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), issued an Emergency...
It is important to keep in mind that the Cal/OSHA’s ETS is separate and distinct from the federal ETS. The newest version of the Cal/OSHA ETS will go into effect on January 14, 2022, regardless of the litigation surrounding the federal ETS.