Presented by the Employment Law Practice Group

OSHA’s New Emergency Temporary Standard Suspended for Now

Key Dates: Effective Immediately and Until Further Notice

Effective November 16, 2021, the Occupational Safety and Health Administration SUSPENDED its November 4, 2021, Emergency Temporary Standard (ETS) that requires private employers with 100 employees or more to mandate COVID-19 vaccinations for employees or, alternatively, for those employees who are exempt, to require continued use of face coverings and the need to show weekly proof of a negative COVID test result. 

OSHA’s ETS suspension arrived on the heels of several lawsuits challenging the constitutionality of the ETS which are now being litigated across the country and will be consolidated for appeal before the 6th Circuit Court of Appeals and are likely making their way, ultimately, to the United States Supreme Court. 

For now, at least, it appears that all previously announced deadlines for implementation of the ETS by private employers are suspended. Stay tuned for more updates as this fluid and evolving situation develops.

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