OSHA’s Emergency Temporary Standards (ETS) on COVID-19 Vaccination and Testing

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On November 16, 2021, the Occupational Safety and Health Administration (“OSHA”) announced that it would suspend the Emergency Temporary Standard (“ETS”) on COVID-19 Vaccination and Testing for the time being.  Our office published an advisory on November 5, 2021 addressing employer obligations to comply with the ETS.

The ETS went into effect on November 5, 2021.  However, on November 12th, the Fifth Circuit Court of Appeals granted a motion to stay enforcement of the ETS.  In response, OSHA has resolved to suspend all activities related to implementation and enforcement of the ETS.  Our office will continue to monitor the status of the ETS and employer obligations response to the ETS.

If you have any questions regarding the content of this update, or any other questions regarding labor and employment law generally, please contact us.

This update is provided for informational purposes only and should not be considered legal advice.