Skip to content

Back to Our Blog

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.  

To help employers understand and plan for this rule, the BNP is hosting a free virtual seminar on December 2. Learn more and register here.  [Past event-registration closed]

Related Posts

9.20.21 Advocacy Alert: Border Closure Extended Through October

By growthzone | September 20, 2021

This morning, the U.S. federal government announced that it will be extending its closure to Canadian travelers through October 21.

Non-essential Canadian travelers have been banned from entering the U.S. since March 2020. Despite calls from the BNP, numerous members of Congress, and chambers across the nation to open the border, the Biden administration has not relented in its approach – even after Canada opened its doors to American travelers in August.

Staff Spotlight: Meet Karen Brown

By growthzone | September 15, 2021

Karen Brown is our Director, Diversity, Equity & Inclusion, and our latest staff spotlight!

Her role at the Partnership is to be a champion for developing and implementing programs/initiatives that promote a thriving, diverse, informed, and equitable region.

9.9.21 COVID-19 Bulletin: Biden To Mandate “Vax or Test” Requirement for Large Employers

By growthzone | September 9, 2021

Yesterday, Governor Kathy Hochul announced she would repeal the state’s mask mandate, effective today. However, her announcement did not proactively address how the repeal coincided with the NY HERO Act, which would have required employees in most workplaces to continue masking.

9.7.21 Advocacy Alert: Hochul Triggers HERO Act – Employer Checklist

By growthzone | September 7, 2021

Yesterday, Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease,” citing rising case numbers and concerns about the delta variant. This declaration is significant because it triggers the NY HERO Act.