On Friday, Dec. 17, 2021, the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19. The 6th Circuit decision reverses the stay ordered in November by the 5th Circuit and allows OSHA to resume ETS implementation and enforcement nationwide. The ETS establishes a mandatory vaccination policy requirement for private employers with 100 or more employees. ETS opponents have already filed an appeal with the U.S. Supreme Court challenging the 6th Circuit’s decision
OSHA Response and GuidanceOSHA has published the following guidance regarding the reinstatement:
Impact on EmployersThe 6th Circuit’s decision suggests the ETS may survive its legal challenges. Employers subject to the ETS should monitor legal developments closely. They should also consider what measures they would need to adopt to be considered to have made reasonable, good faith efforts to comply if the Supreme Court upholds the ETS.Our original webinar “Emergency Webinar for an Emergency Order – Complying with OSHA’s COVID-19 ETS” is still available on demand here, and the webinar’s presentation slides are available for download as well. Please keep in mind that the original compliance dates of Dec. 6, 2021, and Jan. 4, 2022, listed in the presentation are now Jan. 10 and Feb. 9, 2022, as mentioned above. Remember, you have access to multiple tools to comply with the OHSA ETS available below:
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