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ARTICLE · 21 DECEMBER 2021

Sixth Circuit Panel Dissolves Stay Of OSHA Vaccine/Testing Mandate

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On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA's Emergency Temporary Standard ("ETS") by the Fifth Circuit.

United StatesEmployment and HR
Evandro Gigante
Evandro Gigante
Guy Brenner
Guy Brenner
Laura Fant
Laura Fant
Lexie Reynolds
Lexie Reynolds
Raymond Arroyo
Raymond Arroyo
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On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA's Emergency Temporary Standard ("ETS") by the Fifth Circuit.  The ETS mandates employers with 100 or more employees require all employees be fully vaccinated against COVID-19 or be required to wear face coverings and undergo weekly testing.    Our summary of the ETS's requirements are available here.

The Sixth Circuit did not address how its decision would impact the timing of the ETS's vaccination and testing and requirements, which were originally set to go into effect December 6, 2021, and January 4, 2022, respectively.  The day after the Sixth Circuit's decision, OSHA announced that it will not issue citations for noncompliance with the ETS requirements before January 10, 2022, with the exception of the standard's testing requirements, which will not be enforced until February 9, 2022, so long as the employer is exercising reasonable, good

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