Court Stay on OSHA Emergency Temporary Standard Dissolved

Late Friday evening, it was announced that the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit's stay on the OSHA Emergency Temporary Standard (ETS). OSHA can now implement and enforce the COVID-19 Vaccine and Testing ETS for employers with at least 100 employees - at least until another court intervenes.

OSHA has updated its website stating that it will not issue citations for non-compliance with any requirements of the ETS before January 10, 2022, and will not issue citations for non-compliance with the standard’s testing requirements before February 9, as long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA further stated that it will work with the regulated community to provide compliance assistance.