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
5.3.21 COVID-19 Bulletin: NYS Will Lift Capacity Restrictions
Today, the State Legislature is passing a short-term budget extender, indicating a continued lack of consensus on a budget deal. The extender allows the state government to continue operations while buying time for the Governor and Legislature to reach an agreement on a number of outstanding issues. As we
4/30/21 Webisode: Preparing Your Business for COVID-19 Vaccines #3: Communicating with Employees & Customers
COVID-19 continues to create significant health and economic challenges, but hope is on the horizon as vaccinations are being administered. As we enter this next phase in the COVID-19 recovery and eradication, employers will have a key role to play in the WNY vaccination efforts because employers are often perceived as more trustworthy than the government.
It’s Time to Reopen the U.S.-Canada Border
The time has come to reopen the U.S.-Canada land border. The border has been closed for non-essential travel since March 21, 2020 – over a full year. After a year of financial devastation, the economies of Southern Ontario and Western New York need a boost, and reopening the border would provide it.
4/23/21 Webisode: Preparing Your Business for COVID-19 Vaccines #2: How To – Creating a Vaccine Policy & Plan
COVID-19 continues to create significant health and economic challenges, but hope is on the horizon as vaccinations are being administered. As we enter this next phase in the COVID-19 recovery and eradication, employers will have a key role to play in the WNY vaccination efforts because employers are often perceived as more trustworthy than the government.