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ARTICLE · 07 JANUARY 2022

Updated: OSHA Issues COVID-19 Vaccination And Testing Emergency Temporary Standard (ETS)

Klein, Thorpe And Jenkins
Explore more from Klein, Thorpe And Jenkins

On Friday, December 17, 2021 the United States Court of Appeals for the Sixth Circuit reinstated the Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing promulgated...

United StatesEmployment and HR
Scott Uhler
Scott Uhler
Thomas M. Melody
Thomas M. Melody
Mallory A. Milluzzi
Mallory A. Milluzzi
Jason A. Guisinger
Jason A. Guisinger
Scott E. Nemanich
Scott E. Nemanich
Anne Skrodzki
Anne Skrodzki
Jonathan M. Priest
Jonathan M. Priest

On Friday, December 17, 2021 the United States Court of Appeals for the Sixth Circuit reinstated the Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing promulgated by the Occupational Safety and Health Administration (OSHA). The ETS was originally filed in early November 2021. The ETS was met with immediate legal challenges. These challenges included a stay of the ETS pending judicial review issued by the United States Court of Appeals for the Fifth Circuit. As there were multiple suits challenging the ETS, the challenges were consolidated and heard before the Sixth Circuit.

As a result of Friday's decision, there are already multiple petitions that have been filed before the Supreme Court seeking to block the ETS. It is expected that there will be a review of the mandate by the Supreme Court. Additionally, the original ETS set a compliance deadline of January 4th. Due to the litigation, it is unclear if this original deadline will be enforced.

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