Foster Swift Labor & Employment Law News E-blast
Michael R. Blum, Karl W. Butterer and Clifford L. Hammond

Stay on Vaccine Mandate Dissolved by Sixth Circuit

Vaccine Line at WorkOn Friday, December 17, the Sixth Circuit for the U.S. Court of Appeals dissolved the Fifth Circuit’s stay of the Occupational Safety and Health Administration's (OSHA's) emergency temporary standard (ETS) concerning the COVID vaccination and testing mandate for employers with 100 or more employees that was issued last month.

According to the update on OSHA’s website, to account for any uncertainty created by the stay and to provide sufficient time for businesses to update their policies and practices, OSHA will not issue any citations for noncompliance of the full ETS requirements before January 10, 2022. Nor will they issue noncompliance citations with the ETS’ testing requirements before February 9, 2022 so long as “An employer is exercising reasonable, good faith efforts to come into compliance with the standard”.

So what does this mean for your organization? Although the Sixth Circuit’s ruling has already been appealed to the U.S. Supreme Court, employers should prepare and adjust any internal policies to comply with the OSHA ETS and continue with COVID hygiene best practices.

Please reference our October webinar segment on key considerations as employers develop and implement COVID hygiene policies for 2022: https://www.youtube.com/watch?v=ELWG21IGf6o.

We will continue to monitor this evolving situation and keep you apprised of any updates.

If you have any concerns in the meantime, please feel free to reach out to a member of our labor & employment law team:

Jump to Page

Foster Swift Collins & Smith PC Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek