What’s Next for OSHA’s Vaccinate-or-Test Mandate?

After multiple legal challenges were filed to OSHA’s vaccinate-or-test emergency temporary standard (ETS), the Cincinnati-based Sixth Circuit Court of Appeals this week was selected by lottery to decide the fate of the federal mandate. As a result of the legal challenges, OSHA has announced it is suspending implementation and enforcement of the ETS while the court considers the legality of the requirement.

At this point, the deadlines for employers with 100 or more employees to develop compliance policies (Dec. 6) and ensure employees are vaccinated (Jan. 4) could hold, be delayed, or be struck down altogether. OMA general counsel Bricker & Eckler says this week’s developments mean the ETS compliance deadlines “are likely to be postponed.”

OMA Connections Partner Fisher Phillips has published this analysis, which summarizes what we’re likely to see from the Sixth Circuit in the coming days and weeks — noting that there’s a high probability of this legal dispute ultimately being resolved by the U.S. Supreme Court.

In the meantime, OMA Connections Partner Safex advises impacted employers to familiarize themselves with the ETS, as some or all of it may go into effect in the future. 11/18/2021

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