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ARTICLE · 29 DECEMBER 2021

OSHA Emergency Temporary Standard Survival Guide

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On December 17, 2021, in a "Friday Night Surprise" the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration's COVID-19 Emergency Temporary Standard (ETS).

United StatesEmployment and HR
Denise Giraudo
Denise Giraudo
David Chidlaw
David Chidlaw
Ryan Roberts
Ryan Roberts
Jonathan E Clark
Jonathan E Clark
Brian S. Fong
Brian S. Fong
Robert Foster
Robert Foster
Ashley Hirano
Ashley Hirano
James Hays
James Hays
Wynter Deagle
Wynter Deagle
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On December 17, 2021, in a "Friday Night Surprise" the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration's COVID-19 Emergency Temporary Standard (ETS). This seminal ETS applies to employers with 100 or more employees and requires that employees be either (1) vaccinated; or (2) weekly tested and fully masked if unvaccinated. While it is anticipated that the Supreme Court will ultimately decide whether the ETS stands, OSHA has already stated that they will begin enforcement of the ETS in January 2022. Specifically, OSHA will enforce all requirements except testing for unvaccinated employees beginning January 10, 2022, and enforcement related to testing will begin February 9, 2022.

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