Federal Appeals Court Temporarily Blocks OSHA Vaccination Mandate [Unpublished]

On Saturday, the U.S. Court of Appeals for the Fifth Circuit put a temporary hold on the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination and testing mandate for private employers following legal petitions from several states and advocacy groups. Last week, OSHA issued a new emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure employees are vaccinated against COVID-19 or comply with an alternative weekly testing requirement. 

The Court cited potential "grave statutory and constitutional issues" as the reason for issuing the temporary hold and will now decide on whether a permanent injunction is warranted. The Court is asking the Biden administration to provide an expedited reply to the motion for a permanent injunction by the end of today, followed by a petitioners' reply on Tuesday. At this time, it remains unclear how any legal action will impact the future of the ETS but WDMA will be sure to keep members updated on the latest developments.