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

5/20 Webisode: NYS Reopening Guidelines: HR & Legal Implications

By growthzone | May 20, 2020

The Partnership hosted a webisode to review reopening guidelines and the safety business plan template.

NYS released industry specific guidelines for the reopening of businesses, which include a Business Safety Plan Template. Having a clear and available safety plan will be a critical part of the reopening process for businesses.

5/1 Webisode: NYS Shared Work Program – Retain Employees During a Slowdown

By growthzone | May 16, 2020

The economic impacts of COVID-19 are affecting Buffalo Niagara businesses and their workforce. Fortunately, there are state programs to help – The NYS Shared Work Program helps employers avoid some of the problems caused by a layoff.

5/7 Manufacturing Council Meeting: Inside COVID-19 – Operational Protocols

By growthzone | May 7, 2020

The Partnership hosted a special Manufacturing Council meeting on safe operating practices in the wake of COVID-19.

Safe facility and operational management are critical focal points for both the remainder of the New York State on PAUSE order and the wider reopening of the regional economy to come.

5/6 Webisode: WNY Impact Survey Results

By growthzone | May 6, 2020

The Partnership hosted a webisode to review updates to the Paycheck Protection Program and explain the Paycheck Protection Program Flexibility Act.