As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around the country. By randomized choice and in accordance with the procedures that govern multi-district litigation, the U.S. Sixth Circuit Court of Appeals was selected to consider the challenged ETS, which affects employers with 100 or more employees. The court has federal jurisdiction over Ohio, Kentucky, Michigan and Tennessee, and will now consider the cases filed across all 12 circuit courts. 

The court will first determine whether the temporary stay imposed by the U.S. Fifth Circuit Court of Appeals will remain in effect while it considers the underlying issues, and it will then decide whether OSHA’s policy requiring employees to be vaccinated or periodically tested constitutes a valid exercise of OSHA’s regulatory powers. The vaccine-or-test rule is expected to affect more than 80 million workers.

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