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
6.21.21 BNP Advocacy Alert – Poloncarz Announces ARP Spending Plan
Erie County Executive Mark Poloncarz announced today his plan to invest the county’s share of local aid from the latest COVID-19 relief package.
The American Rescue Plan, the $1.9 trillion economic stimulus plan signed by President Biden in March, provided $178 million to Erie County.
Poloncarz said the county’s “RENEW Plan” will invest $123.7 million in:
6.15.21 COVID-19 Bulletin: NYS Lifts COVID-19 Restrictions
NYS Governor Andrew Cuomo announced today the immediate lifting of COVID-19 related restrictions as 70% of the state’s adult population has been vaccinated (receiving at least one dose of vaccine). The 70 percent threshold in a national standard.
6.15.21 BNP Advocacy Alert – 2021 NYS Legislative Session in Review
As the 2021 state legislative session comes to a close, the BNP is proud of the many advocacy wins it earned this year. The BNP, on behalf of its members who employ over a quarter million people in the region, remains in frequent contact with lawmakers about legislation that would impact our regional economy.
BNP Advocacy Insider – June 2021
The June 2021 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.