11.18.21 COVID-19 Bulletin: OSHA’s Vax/Test Mandate Paused Amid Legal Limbo
November 18, 2021
Citing ongoing litigation, the Occupational Safety and Health Administration (OSHA) announced it is pausing the implementation and enforcement of its COVID-19 Vaccine and Testing Emergency Temporary Standard.
Per OSHA’s website: “On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (‘ETS’). The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
However, this issue likely does not end here. This decision is expected to be appealed and may even make its way to the Supreme Court. Employers should remain prepared to implement the rule, because it may take effect again if a court overturns the Fifth Circuit’s decision.
If the courts could reaffirm this rule, OSHA could enforce it on its January 4th effective date. At this time, though, the federal government is not implementing nor enforcing the vaccine-or-test mandate.
The BNP will continue to keep you informed of judicial updates related to this rule.
Worldwide, companies throughout every business sector are dealing with significant supply chain challenges. The Buffalo Niagara region is certainly no exception. Increased costs, labor shortages, logistical breakdowns, and a host of other issues are impacting all aspects of the economy from manufacturer to customer.
Last night, New York voters selected party nominees for Governor, Lt. Governor, and Erie County Clerk.
Primaries for U.S. House and State Senate seats will be held on August 23. No Assembly candidates in Erie or Niagara counties faced primaries.
In the next few months, prepare to receive a much higher bill for unemployment insurance (UI). The BNP spent over a year warning state leaders that this was coming. The state failed to act, and now, the chickens are coming home to roost.
One set of primary elections will take place on Tuesday, June 28. Early voting is open now. Look up your polling place and sample ballot here: (Erie County) (Niagara County). Note that primary elections are only open to voters registered in that party.