December 2021 UPDATE: On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit reinstated the ETS, reversing the nationwide stay previously imposed by the Fifth Circuit. Subsequently, several petitions have been filed requesting review by the Supreme Court.
In response, OSHA adjusted the ETS compliance deadlines and issued the following statement:
“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. 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. OSHA will work closely with the regulated community to provide compliance assistance.”
This NMHC Issue Briefing provides an overview on OSHA’s Emergency Temporary Standard (ETS), a federal COVID-19 vaccine-or-test mandate for private employers.
Employment law attorneys, Ashley Hirano and Robert Foster, from Sheppard, Mullin, Richter & Hampton LLP, provide NMHC members a quick-reference guide on what employers need to know with respect to the ongoing legal challenges ETS, frequently asked questions on what the mandate may ultimately require, and tips on what companies can do while the stay is pending to prepare.
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