Court of Appeals Upholds OSHA Emergency Temporary Standards

On Friday, December 17th, the Court of Appeals for the U.S. Sixth Circuit overturned a nationwide stay that had put a hold on OSHA rules requiring new vaccination and testing standards for employers. The new rules, known as the Emergency Temporary Standard (“ETS”), mandate employers with 100 or more employees require all employees be fully vaccinated against COVID-19 or be required to wear face coverings and undergo weekly testing. With the hold overturned, the ETS is now free to move forward with its current implementation date set for January 4th, 2022.

The decision has already been appealed to the U.S. Supreme Court, and it remains possible that the implementation date could be pushed back once again. In wake of the decision, OSHA has already announced it will not seek to enforce the new rules or punish employers for noncompliance before January 10, 2022, where the employer is making reasonable attempts to come into compliance with the new rules.  The attorneys at Wagner, Falconer & Judd are here to help you stay up-to-date on any regulatory changes regarding vaccination policies in the workplace. If you have any questions about how to create a policy to protect your employees and your business, please reach out to us today!

Further information about ETS and its requirements can be found here.