Late on December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved a stay of OSHA’s COVID-19 emergency temporary standard (ETS) for employers with 100 or more employees, paving the way for enforcement of the ETS.
In response to the ruling, OSHA issued a statement that it was gratified that the Sixth Circuit had cleared the way for implementation of the ETS. To account for the uncertainty created by the initial stay, OSHA made an important announcement:
Based on OSHA’s statement, covered employers are encouraged to move forward with initial steps for implementing the ETS by January 10, including adopting a written COVID-19 safety policy that complies with the ETS, determining the vaccination status of their workforce, and requiring unvaccinated employees to wear face coverings, and requiring weekly testing for all employees who are not fully vaccinated by February 9 (other than those employees who work exclusively alone, at home, or outdoors).
The Sixth Circuit’s decision marks the next stage in what has so far been a rocky start for the ETS.
Some of the parties challenging the validity of the ETS in the consolidated case have already petitioned the U.S. Supreme Court for an emergency stay of the Sixth Circuit’s ruling. Although it is impossible to know the ultimate outcome of the challenges to the ETS, employers will need to prepare for it to become effective in the very near future. We have developed a plan that should meet with these requirements and are available to assist.
Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an ‘engagement letter’).
By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and, further, even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.