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The fifth Circuit Court of Appeals ordered a temporary stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS) on mandatory COVID-19 vaccination and testing for the workplace.
The stay was ordered in one of the multiple lawsuits challenging the validity of OSHA’s COVID-19 ETS. The lawsuits request a permanent injunction against the ETS. The Court justified the order because it found “cause to believe there are grave statutory and constitutional issues” with the OSHA vaccination mandate.
While the temporary stay prevents enforcement of the ETS until a final decision on the legality of the standard is made, the law has not been permanently delayed or vacated officially. Affected employers should continue to understand and prepare for compliance with the ETS provisions. They should also continue to monitor developments of this legal challenge to learn more about the viability of, and their compliance obligations with, the ETS.
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This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
