11.18.21 COVID-19 Bulletin: OSHA’s Vax/Test Mandate Paused Amid Legal Limbo
Blog Categories
Josh Veronica
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.
To help employers understand and plan for this rule, the BNP is hosting a free virtual seminar on December 2. Learn more and register here. [Past event-registration closed]
Related Posts
BNP Advocacy Insider – April 2021
The APril 2021 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.
Biden Releases Infrastructure Plan
President Biden has committed to passing a federal infrastructure package. This week, the White House released details on what the President wants that package to include. An infrastructure investment has the potential to equip America with safer roads, bridges, and pipes, more efficient public transit systems, universal broadband, and many well-paying jobs. Although the final plan approved by Congress may look different, the President’s proposal is a starting point that kicks off negotiations and demonstrates his administration’s priorities.
3.29.21 COVID-19 Bulletin: New Yorkers 30+ Now Eligible for Vaccine
Today, the State Legislature is passing a short-term budget extender, indicating a continued lack of consensus on a budget deal. The extender allows the state government to continue operations while buying time for the Governor and Legislature to reach an agreement on a number of outstanding issues. As we
3.4.21 Webisode: Understanding the Employee Retention Tax Credit
The BNP and experts from Tronconi Segarra & Associates LLP (TSA) discussed the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act’s Employee Retention Tax Credit (ERTC).