OSHA ETS Update: Here Comes the 6th Circuit!

Previously on As Vaccination Mandates Turn…

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 anticipated, the ETS immediately ended up in court. Soon after, the United States Court of Appeals for the Fifth Circuit issued an order prohibiting OSHA from enforcing the rule, pending judicial review.  In response, OSHA placed a hold on enforcing the ETS (for now).   

And now this week on As Vaccination Mandates Turn…

Lawsuits against the ETS were filed in all twelve regional circuit courts, giving each court a chance to enter a lottery to determine which circuit would have the opportunity to review the Fifth Circuit’s stay.  Last Tuesday, the lottery was conducted, and the Sixth Circuit Court of Appeals was chosen to determine the fate of OSHA’s ETS.  You win if your money was riding on the Sixth Circuit to win the COVID ETS Vaccine Mandate lottery!   

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