The following addresses the requirements of the standard as originally published. This litigation is ongoing.ĭespite the fact that the ETS has been stayed, for now, employers that may be affected by the standard may want to familiarize themselves with its requirements and make some preparations in the event that the stay is lifted and all or some part of the ETS does go into effect. Court of Appeals for the Sixth Circuit, based in Cincinnati, was selected to hear the case. Court of Appeals for the Fifth Circuit granted a motion to stay and ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." OSHA soon after updated its webpage to state: “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.” In addition, because OSHA was sued in multiple federal courts by multiple parties, a multidistrict lottery was conducted and on Novemthe U.S. However, the ETS was immediately challenged in federal court and on Novemthe U.S. The ETS was effective immediately upon publication in the Federal Register and employers were originally required comply with all requirements other than testing within 30 days after the date of publication and 60 days after publication for testing of unvaccinated workers.
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On Novemthe Occupational Safety and Health Administration (OSHA) formally published an emergency temporary standard (ETS) on COVID-19 applicable to employers with 100 or more employees requiring vaccination or weekly testing, in addition to other requirements such as masking for unvaccinated workers and paid time off for vaccination and recovery. OSHA Issues Vax/Test+Mask ETS for Employers with 100 or more Employees