After being put on hold by court orders, the Occupational Safety and Health Administration (“OSHA”) emergency temporary standard (“ETS”) mandating vaccination or weekly testing of employees of businesses with 100 or more workers is back in effect. On Friday, December 17, 2021, a panel of the United States Court of Appeals for the Sixth Circuit—randomly assigned to hear appeals of legal challenges to the ETS across the country—voted 2-1 to allow the ETS to go into effect. Given the uncertainty caused by ETS-related litigation, OSHA has extended enforcement deadlines.
