OSHA Pauses Vaccine Rule Implementation for Employers Over 100 Employees

On November 17, 2021 OSHA released the following statement on its 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.

The stay does not prevent employers from implementing their own vaccination and/or testing policies in the interim. Note that the ETS rule differs from the federal contractor and CMS (healthcare) vaccine rules which have not been stayed at this point.

The firm will continue to keep you up to date on the status of OSHA’s in the Sixth Circuit and as it makes its way through the legal system.

If you have any questions on how this rule affects you or your business please don’t hesitate to reach out: info@barbascremer.com. We are here to help you address the day to day questions of balancing business concerns, the law, and health and safety.