Update on OSHA’s Vaccination Requirement for Employers With 100+ Employees

As said within the Employment Litigation and Counseling Advisory, Q&A – A Closer Look at OSHA’s Vaccination Requirement for Employers With 100+ Employees, on November 6, the USA Courtroom of Appeals for the Fifth Circuit stayed enforcement of the OSHA Rule nationwide. The Fifth Circuit then held an expedited briefing and, on November 12, the court docket upheld its earlier order staying enforcement, and additional applied an injunction ordering that OSHA “take no steps to implement or enforce” the Rule “until further court order.” Since then, the myriad of lawsuits difficult the OSHA Rule — together with the Fifth Circuit case — have been consolidated in Multi-District Litigation and the Sixth Circuit Courtroom of Appeals was chosen on November 16 to think about the deserves of the circumstances and determine whether or not to dissolve or uphold the Fifth Circuit’s injunction.

On November 17, in response to the Fifth Circuit’s order, OSHA introduced that, “while OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” Read the OSHA-posted the announcement.

Since OSHA has suspended implementation and enforcement of the OSHA Rule nationwide, employers are relieved from having to satisfy the deadlines beforehand introduced by OSHA; particularly, the deadline of early December for their staff to obtain an preliminary vaccination shot so as to adjust to the January 4, 2022 deadline for staff to be absolutely vaccinated or else face necessary testing. However though employers now not face these deadlines, they might nonetheless need to take preparatory steps for compliance with the rule within the occasion it’s upheld.

Notice that the keep of the OSHA Rule doesn’t have an effect on the opposite emergency guidelines that OSHA not too long ago launched — the CMS Rule and the Federal Contractor Rule.

Co-authored by Janet Widmaier, Counsel.

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