OSHA Vaccine Mandate Reinstated by Federal Appeals Court

Friday, December 17, a federal appeals court reinstated the COVID-19 vaccination mandate promulgated by the Occupational Safety and Health Administration (OSHA) through an Emergency Temporary Standard (ETS). The ETS applies to businesses with 100 or more employees and requires employees to be fully vaccinated or comply with weekly testing requirements. 

This ruling lifts a November injunction that had blocked the ETS and resulted in OSHA suspending enforcement as the legal process went forward. In an update to the ETS section of their website, OSHA announced that it is exercising enforcement discretion with respect to the compliance dates of the ETS. Below is an excerpt from OSHA:

“To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

The case will be appealed and will likely now move to consideration by the U.S. Supreme Court, though it is unclear when the Court could consider it. WDMA will continue to monitor legal developments and provide information as needed.  

For any further questions, please contact Kevin McKenney at [email protected]

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