Temporary Stay Ordered on OSHA COVID-19 ETS

On November 6, 2021, a temporary stay was ordered by the fifth Circuit Court of Appeals on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). The ETS was announced on November 4, 2021, requiring COVID-19 vaccination or weekly testing in the workplace. The stay order blocks enforcement of this ETS until the legality of this standard is determined.

Temporary Stay

Multiple lawsuits were filed, challenging the validity of OSHA’s ETS on COVID-19. The stay was ordered in one of these lawsuits, effectively calling for a permanent injunction against the ETS citing “grave statutory and constitutional issues” within the vaccination mandate.

OSHA was ordered by the Court to reply to the request for permanent injunction by Monday, November 8, 2021, at 5 p.m. Parties petitioning the injunction will have until 5 p.m. on November 9, 2021, to reply.

Recommendation for Employers

Despite the stay preventing enforcement of the ETS until a final decision on its validity, the law has not been permanently delayed or officially vacated. This means affected employers should continue to prepare for compliance with the ETS as the compliance deadline for most ETS provisions remains December 6, 2021.

Employers should stay up to date on developments of this legal challenge to learn their compliance obligations with the ETS.

Should you have any questions regarding this information, please do not hesitate to contact Creative Benefits, Inc. at 866-306-0200 or solutions@creativebenefitsinc.com.  Please note: this situation is evolving, and the above information is subject to change.  Creative Benefits, Inc. is dedicated to providing updated information as it becomes available.