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Court Halts OSHA’s Vaccination-or-Testing ETS

Nov 6, 2021On Saturday, November 6, the Fifth Circuit Court of Appeals placed a temporary hold on the OSHA Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees.

The current ruling is temporary, but we expect to learn later this week whether the ETS will be put on hold indefinitely or allowed to take effect. Lawsuits are underway in other circuits as well, so even if this court allows the ETS to stand, another court might find differently.

The first deadline for employers subject to the OSHA ETS is December 5. 

As we learn more, additional information will be released. 

Additionally, for employers who wish to still prepare in the event that the temporary hold is released and the initial ETS compliance deadline of December 5 holds, ETC will most likely continue to release resources and “next step” guidance.