Extended Stay Issued for OSHA’s ETS

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The Occupational Safety and Health Administration’s (OSHA) Vaccine and Testing Emergency Temporary Standard (ETS) was extended by the 5^th Circuit Court of Appeals. The judicial stay will remain in effect until the legality of the ETS is decided in the judicial system.

Both OSHA and the parties challenging the ETS submitted responses to this legal challenge in court. After an initial review, the Court found the petitioners’ challenges merit a stay until the validity of OSHA’s ETS is determined.

The Court found:

• A strong showing the petitioners are likely to succeed on the merits of their petition;
• Petitioners would be irreparably injured if a stay pending review is not granted;
• There is no substantial injury to OSHA by issuing the stay;
• Issuing the stay is in the best interest of the public.

Challenges to the OSHA ETS have also been filed in other federal courts. All challenges to the ETS are due by November 16, 2021. After this date, one court will be chosen to determine if the ETS will survive or be vacated.

Affected employees should continue their efforts to comply with the ETS and monitor any legal developments. Until a court rules the ETS invalid, affected employers remain subject to its requirements.

Download the bulletin for more details.

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.