Monday, December 20, 2021

The OSHA vaccine mandate is back on (for now)

 The Fifth Circuit stayed implementation of the OSHA vaccine mandate, but then the challenges were consolidated and the Sixth Circuit won the lottery to decide the consolidated case. On Friday, the Sixth Circuit dissolved the stay, clearing the way for OSHA to implement the mandate (enjoy the 57-page opinion here). 

So, what's next for OSHA? You can read their latest update here, but the bottom line is: 

Not official use.
OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.

Of course, the Sixth Circuit panel is not the final word. Several of the challengers have already sought Supreme Court review. SCOTUSblog has the rundown.  

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