OSHA’S Vaccine or Test ETS Freed from Stay

Carissa Davis and Pat Miller

In the latest twist in the ongoing back and forth on workplace COVID-19 measures, the Sixth Circuit Court of Appeals on Friday gave the Occupational Safety and Health Administration (“OSHA”) the go-ahead to implement and enforce its vaccine or test emergency temporary standard (“ETS”). The ETS had been immediately challenged and ultimately stayed by the Fifth Circuit Court of Appeals.  In light of the Fifth Circuit’s decision, OSHA announced it had “temporarily suspended activities related to the implementation and enforcement of the ETS.” While the battle in the Fifth Circuit brewed, the myriad challenges to the ETS were consolidated into one case in the Sixth Circuit Court of Appeals. Before the Sixth Circuit, the government sought to dissolve the Fifth Circuit’s stay. On December 17, the court ruled: the stay is dissolved and the ETS can take effect as planned.

Read the full advisory HERE.