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OSHA’s ETS Back On!

The US Court of Appeals for the Sixth Circuit (randomly selected to decide the OSHA Emergency Temporary Standard (ETS) court case in a literal lottery), ruled that OSHA does have the authority to enforce the COVID standard. In response, OSHA just posted this update on their website:

Litigation Update:

OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”


Keep in mind that the United States Supreme Court could reverse the Sixth Circuit decision, but so far, they have declined to reverse mandates. The ETS creates COVID requirements for employers with 100 or more employees with enforcement to begin by January 10th for the basic ETS requirements.

Read this article for a more in-depth overview: https://www.natlawreview.com/article/sixth-circuit-gives-employers-lump-coal-christmas-dissolves-stay-osha-vaccine-ets

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