OSHA Test or Vax ETS Back in Effect After Court Lifts Stay

Posted December 20, 2021

On Friday, Dec. 17, the 6th Circuit Court of Appeals lifted the stay of the OSHA Test-or-Vaccinate Emergency Temporary Standard (ETS). This means the ETS, which applies to employers with 100 or more workers, is now effective.

However, a Labor Department spokesperson says OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard's testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.

More Legal Battles?

Several groups have already filed a petition with the U. S. Supreme Court for an emergency stay of the rule. We expect a quick ruling, but we don't know a specific date, or what the end result will be. So for now, the ETS is in effect ... with a grace period for employers to come into compliance.

Covered employers are advised to start preparing for the rule, and to track the Supreme Court litigation closely.

This article was written by Travis Rhoden of J. J. Keller & Associates, Inc.