Sixth Circuit Lifts Stay of OSHA's Vaccinate-or-Test Emergency Temporary Standard

Late Friday (Dec. 17) the U.S. Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration (OSHA) Vaccination, Testing, and Face Coverings Emergency Temporary Standard (ETS) that was issued by the Fifth Circuit in November.

For background on the ETS from Conn Maciel Carey LLP (CMC), click here.

Nearly immediately, the Department of Labor and OSHA issued a statement that the agency is moving forward with implementation and enforcement of the ETS, but also provided some enforcement relief for companies able to demonstrate good faith efforts to comply.

Then, within an hour of the Sixth Circuit decision being released, numerous parties filed an emergency application and motion with the U.S. Supreme Court requesting the court reissue a stay of the ETS.

Finally, at about 1 am Saturday (Dec. 18), South Carolina along with 26 other state attorneys general and a host of private entities also filed an emergency application for a stay.

Visit CMC's OSHA Defense Report blog for a summary of the Sixth Circuit’s decision and the firm's analysis of the state of affairs as they sit at this moment, what might occur next and, most importantly, what this means for employers across the nation.

In light of the imminent January compliance deadline, CMC can help companies develop tailored written policy documents, and the ancillary forms and materials required by the ETS.

Even if companies are not prepared to fully implement the program by Jan, 9, doing this upfront work will put them in a good position to benefit from the enforcement discretion and relief OSHA has indicated it will offer to companies working steadily to come into compliance.

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OSHA QuickTakes (Dec. 15): Keeping Workers Safe During Tornado Recovery, Dollar General Fined Again For Putting Workers at Risk

Conn Maciel Carey: Overview of OSHA's New COVID-19 Emergency Temporary Standard

Safety Made Simple December 2021 Safety Scoop