11.18.21 COVID-19 Bulletin: OSHA’s Vax/Test Mandate Paused Amid Legal Limbo
Blog Categories
November 18, 2021
Citing ongoing litigation, the Occupational Safety and Health Administration (OSHA) announced it is pausing the implementation and enforcement of its COVID-19 Vaccine and Testing Emergency Temporary Standard.
Per OSHA’s website: “On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (‘ETS’). The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
However, this issue likely does not end here. This decision is expected to be appealed and may even make its way to the Supreme Court. Employers should remain prepared to implement the rule, because it may take effect again if a court overturns the Fifth Circuit’s decision.
If the courts could reaffirm this rule, OSHA could enforce it on its January 4th effective date. At this time, though, the federal government is not implementing nor enforcing the vaccine-or-test mandate.
The BNP will continue to keep you informed of judicial updates related to this rule.
Related Posts
8/26 Webisode: School’s Back (Mostly) What Employers Need to Know About Paid Leave
The U.S. Department of Labor published guidance concerning eligibility for paid leave and Pandemic Unemployment Assistance related to the reopening of schools.
The new mandate was issued as part of an executive order by Governor Cuomo and allows people to test-out of quarantine.
8/20 Webisode: Borrower Beware: Defending PPP Loans from After-the-Fact Gov’t Scrutiny
The Paycheck Protection Program (PPP) was a lifeline to many companies faced with the existential threat of an unknown pandemic. But the prospect of “free money” by loan forgiveness comes with ever-evolving strings – including the possibility of an audit and scrutiny by federal agencies with the jurisdiction and political will to investigate borrowers’ eligibility and use of funds.
The new mandate was issued as part of an executive order by Governor Cuomo and allows people to test-out of quarantine.
7/23 Webisode: Contact Tracing – What Employers Need to Know
Employers know they play a critical role in helping prevent the spread of COVID-19 and keeping Buffalo Niagara’s economy moving forward.
The new mandate was issued as part of an executive order by Governor Cuomo and allows people to test-out of quarantine.
6/25 Webisode: A Reentry Plan for Today; A Strategy for the Office of Tomorrow
The Partnership hosted a webisode to hear from experts at Bergmann about returning to work and the future of the workplace.