A divided three-judge panel of the U.S. Court of Appeals for the 6th Circuit dissolved the 5th Circuit Court of Appeal’s stay of OSHA’s Emergency Temporary Standard (“ETS”) with respect to COVID-19 on Dec. 17, effectively reinstating the ETS stayed by the 5th Circuit. Previously, following a legal challenge resulting in a stay issued by the 5th Circuit, employers with 100 or more employees were not obligated to mandate COVID-19 vaccinations for their employees. Based on the 6th Circuit’s December 17 order, the vaccine mandate with a test option will proceed. Employers need to prepare to implement the ETS.
