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The Occupational Safety and Health Administration (OSHA) put the COVID-19 vaccination and testing emergency temporary standard (ETS) on hold due to pending litigation.
The court ruled to extend the stay of ETS, stating the ETS imposes financial burdens on private employers. Overall, the court raised substantial questions on whether OSHA has proven that COVID-19 presents a “grave danger” to workers and if the ETS is “necessary.”
All lawsuits concerning the ETS have been consolidated and a lottery drawing was held to determine which Circuit court would review the arguments. It is uncertain when a ruling will take place.
Employers should continue to monitor OSHA ETS updates to determine if there are any changes in its status. Employers should understand the requirements of the ETS in case it survives the upcoming litigation.
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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.