Sixth Circuit Court Dissolves Stay; OSHA's ETS Now in Effect

On December 17, 2021, the Sixth Circuit Court ruled to DISSOLVE the stay previously placed on OSHA’s Emergency Temporary Standard (ETS) by the Fifth Circuit Court. OSHA’s ETS requires private-sector businesses with 100 or more employees to be vaccinated against COVID-19 or submit to COVID-19 testing within seven days (or weekly) of being exposed to other employees or customers. As a result of the temporary stay and recent Sixth Circuit Court ruling, OSHA has adjusted the enforcement dates.

Due to the delay and confusion caused by the [still ongoing] litigation, OSHA announced a modified enforcement plan on December 18th:

OSHA will not enforce any provision of the ETS before January 10, 2022; and
On the condition that a covered employer is making a reasonable and good faith effort to move into compliance with the vaccination requirement, OSHA will delay enforcement of the vaccination or weekly testing policy provision until February 9, 2022.

While welcome, this will not feel like much of a delay for many employers. Employers who do not make a reasonable and good faith effort to move into compliance with the vaccination requirement are vulnerable to challenge beginning on January 10, 2022.

For more information, please visit our Vaccination Legislation Resource Page or contact your Assurance representative.

ABOUT THE AUTHOR

Michael Rivas

Michael Rivas is Senior Vice President, Risk Services at Assurance. He oversees the company’s risk services department, which includes compliance, wellness, risk transfer, safety and claims. Michael is responsible for integrating risk management services that provide a more holistic approach to minimizing risk and maximizing health. Michael received a Doctorate in Occupational Therapy from Governors State University. He sits on the Governors State Advisory Board and is a member of the Illinois Occupational Therapy Association, Council of Insurance Agents and Brokers and American Occupational Therapy Association. He’s authored several published articles and has spoken on a wide range of risk management topics for various associations.