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BREAKING NEWS: OSHA’S Emergency Temporary Standard for COVID Vaccination or Testing Consolidated in Sixth Circuit

November 16, 2021

All employers are undoubtedly aware that the Occupational Safety and Health Administration (OSHA) promulgated a rule (known as an Emergency Temporary Standard) requiring all employers with 100 or more employees to require that employees be vaccinated or be tested weekly for COVID. Recently, the Fifth Circuit Court of Appeals (based in Texas), which was the home of one of 27 different cases challenging the ETS, issued a stay against the ETS, preventing it from being enforced throughout the U.S. Earlier today, all of the cases were consolidated and referred to the Sixth Circuit Court of Appeals (based in Ohio) for action. We can assume that the issue of the stay will be brought before the Sixth Circuit immediately. That court may dissolve the stay, continue it, or modify it in the coming days. We’ll keep you posted. For now, we advise clients to prepare as if the ETS will be in effect as originally written, as it is easier to put plans on hold than it is to start from scratch.

If you have questions regarding these provisions, or any other aspect of employment law, please contact Thomas B. Wassel at twassel@cullenllp.com or (516) 357-3868, James G. Ryan at jryan@cullenllp.com or (516) 357-3750, or Jennifer A. McLaughlin at jmclaughlin@cullenllp.com or (516) 357-3889.

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