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Things are happening! On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published an Emergency Temporary Standard (“ETS”) requiring employers with 100 or more employees to either require their employees to get vaccinated or undergo weekly COVID-19 testing. As suspected, the ETS immediately ended up in court. The very next day, the United States Court of Appeals for the Fifth Circuit issued an order prohibiting OSHA from enforcing the rule pending additional judicial review. On November 12, 2021, after hearing additional arguments, the Fifth Circuit enjoined OSHA from enforcing the ETS, meaning the rule will not be going into effect any time soon. Here are the answers to some questions you probably have now.

Signup today and get answers to:

  • Do we need a vaccination policy in accordance with the ETS?

  • When will we know for sure?

  • Can we implement a vaccine mandate anyway?

  • Does this mean anything for the federal contractor mandate?

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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Kevin M. Mosher

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