The U.S. Occupational Safety and Health Administration (OSHA) announced today via its OSHA ETS homepage that it “has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” This announcement was issued in response to the 5th Circuit Court of Appeals’ Friday reaffirmation of its initial stay of OSHA’s Emergency Temporary Standard requiring employee COVID-19 vaccination for employers with 100+ employees. The court ordered that OSHA “take no steps to implement or enforce” the OSHA ETS “until further court order.”   

Employer Action Items:

  • Employers nationwide have authorization to suspend their own efforts to implement compliance with the OSHA ETS until such time as the litigation clarifies the status of the vaccine mandate or we receive further instructions from OSHA.
  • Employers should continue to monitor for further developments.

Please note that this order has no effect on either the federal contractor vaccine mandate or a similar vaccine mandate required of healthcare providers subject to the jurisdiction of the Centers for Medicare and Medicaid Services. And no such development is pending or expected.

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This blog and its contents are not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.