On vaccine ETS, OSHA stands down, Sixth Circuit wins lottery

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Constangy, Brooks, Smith & Prophete, LLP

Wild times.

The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):

“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.

This answers one of the big questions that employers had after the ETS was initially stayed by the court.

(Hat tip to Jon Yarbrough.)

In other ETS news, the U.S. Court of Appeals for the Sixth Circuit has "won" the lottery and will be handling all of the ETS challenges that have been filed nationwide. Bless its heart.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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