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

5.26.21 BNP Advocacy Alert – Pandemic Small Business Recovery Grant Program

By growthzone | May 26, 2021

As you know, the Buffalo Niagara Partnership successfully advocated for the inclusion of small business recovery grants in this year’s state budget.

Through this fund, employers can access grants to help finance:

What Employers Need to Know About the HERO Act

By growthzone | May 24, 2021

Recently, Governor Cuomo signed the NY HERO Act, a bill that creates new workplace safety requirements. This legislation will have wide-ranging implications for employers across the state. The BNP strongly advocated for changes to make this legislation less burdensome.

5.19.21 COVID-19 Bulletin: NYS Releases Updated Mask Guidance for Employers

By growthzone | May 19, 2021

As we told you earlier this week, beginning today, New York State adopted CDC public health guidance for fully vaccinated New Yorkers. The new guidance gives employers the choice of adopting the new CDC guidance or maintaining mask/face covering and social distancing policies for both employees and customers.

Senate to Consider Innovation & Competition Act

By growthzone | May 19, 2021

The U.S. Senate has begun formal consideration of the U.S. Innovation & Competition Act (S. 1260), previously known as the Endless Frontier Act. This bipartisan legislation, sponsored by Senate Majority Leader Chuck Schumer, recently passed the Senate Committee on Commerce, Science, and Transportation, and a floor vote is expected by the end of May.