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On Friday Dec. 17, 2021, the sixth Circuit Federal Court docket of Appeals reinstated the Occupational Security and Well being Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19. The sixth Circuit court docket resolution reverses the stay ordered in November by the fifth Circuit and permits OSHA to renew ETS implementation and enforcement nationwide.
The ETS establishes a compulsory vaccination coverage requirement for personal employers with 100 or extra staff. ETS opponents have already filed an enchantment with the U.S. Supreme Court docket difficult the sixth Circuit’s resolution.
OSHA Response and Steering
OSHA has published the next steerage concerning the reinstatement:
To account for any uncertainty created by the keep, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To supply employers with ample time to come back into compliance, OSHA won’t challenge citations for noncompliance with any necessities of the ETS earlier than January 10 and won’t challenge citations for noncompliance with the usual’s testing necessities earlier than February 9, as long as an employer is exercising affordable, good religion efforts to come back into compliance with the usual. OSHA will work carefully with the regulated group to offer compliance help.
Affect on Employers
The sixth Circuit’s resolution means that the ETS might survive its authorized challenges. Employers topic to the ETS ought to monitor authorized developments carefully. They need to additionally take into account what measures they would want to undertake to be thought of to have made affordable, good religion efforts to conform if the Supreme Court docket upholds the ETS.
For extra info, you possibly can watch the recording of our webinar from December 1 that outlined a high-level overview of the ETS and related necessities, in addition to sensible steps that will help you put together to conform ought to the ETS come to fruition. Our staff will proceed to offer updates as applicable.
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