The 6th Circuit US Court of Appeals recently issued a ruling dissolving the stay for the OSHA Emergency Temporary Standard (ETS). This action effectively reinstates the vaccine mandate for employers with 100 or more employees.
In the majority opinion from the divided three-judge panel, Judge Stranch stated “Despite access to vaccine and better testing, however, the virus rages on, mutating into different variants, and posing new risks.”
We expect Republican state attorneys general and various business groups will appeal to the Supreme Court where this issue will ultimately be decided.
OSHA has just spoken regarding its enforcement intentions. It has pushed both initial ETS effective dates out 5 weeks, so instead of Dec. 6 and Jan. 4, covered employers will have until Jan. 10 and Feb. 9. Click here to read OSHA’s full statement.
Click the button below to access a National Restaurant Association on-demand webinar on what the Emergency Temporary Standard means for restaurants.