The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate vaccines or weekly testing (with limited exceptions). OSHA has since announced that it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” The announcement results from the Fifth Circuit’s 22-page opinion continuing its stay of the ETS. The Fifth Circuit’s order foreshadows the legal challenges to come.
