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US Supreme Court Stays OSHA ETS
On January 13, 2022, in a 5-3 opinion, the U.S. Supreme Court stayed the Occupational Safety & Health Administration’s (“OSHA”) Emergency Temporary Standard (the “ETS”) which requires employers with over 100 employees to implement a mandatory vaccination policy or require weekly testing of unvaccinated employees.
OSHA ETS: What’s an Employer to Do?
Employers subject to OSHA’s Emergency Temporary Standard (the “ETS”, which requires employers with 100 or more employees to mandate vaccination or implement COVID testing and masking requirements) are in a bit of a predicament right now.
Biding Time While OSHA’s ETS is on Hold
On November 6, 2021, the Fifth Circuit stayed the implementation of OSHA’s Emergency Temporary Standard (“ETS”) requiring employers with 100 or more employees to mandate vaccination or implement COVID testing and masking requirements. In response, OSHA stated that it is suspending its enforcement of the ETS “pending future developments in the litigation.”
OSHA Releases Emergency Temporary Standard for Vaccine Mandate
On November 4, the Occupational Health and Safety Administration released the Emergency Temporary Standard (ETS) to provide clarity into the Biden Administration’s vaccine mandate initially announced on September 9. This mandate impacts all employers with an employee base of 100 or more.
OSHA Issues Guidance on COVID-19 // Part Two - For Higher Risk Industries
As noted in part one of this Encompass update series, OHSA’s recent guidance also included recommendations for employers whose workers are at increased risk of occupational exposure to COVID-19.