OSHA Suspends Implementation of Vaccine Mandate
As most employers are keenly aware by now, the Coronavirus Emergency Temporary Standard (ETS), which applies to employers with more than 100 employees, was released by OSHA on November 5. On November 12, the Fifth Circuit Court of Appeals (a federal appeals court that governs Louisiana, Texas, and Mississippi) granted a motion, filed by several state attorneys general, to stay the implementation of the ETS. That court ordered OSHA to “take no steps to implement or enforce the ETS until further court order” (the opinion is available here). As a result of that order, OSHA recently announced that it would suspend any activities related to the implementation and enforcement of the ETS until further developments in the court case. While OSHA also indicated that it is confident in its authority to enact the ETS and that it intends to resume implementation and enforcement of the ETS following litigation, employers with 100 or more employees can breathe easier for the time being.
Healthcare providers and federal contractors, however, remain under a duty to implement vaccine policies per separate federal orders that remain in place. Neither the Fifth Circuit Court of Appeals order, nor OSHA’s recent announcement related to the enforcement of the ETS has any impact on the vaccine mandates relating to healthcare providers and federal contractors.
If you have questions about where this leaves your organization or would like to discuss your options with these new developments, please do not hesitate to contact Bryan Niemeyer, Certified Labor and Employment Law Specialist, FGKS Law, at bniemeyer@fgks-law.com or any of the other attorneys at FGKS Law at 937-492-1271.
