COVID Vaccine Mandate Reinstated By 6th Circuit Court
On Friday, the 6th Circuit Court of Appeals in Cincinnati overturned a stay on the Biden administration’s OSHA Emergency Temporary Standard (ETS) which mandates employers enforce a COVID-19 vaccine mandate.
The court’s action (a 2 to 1 judges panel decision) allows the mandate to continue.
OSHA released this statement: “OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.”
While the ETS original compliance deadline was Jan. 4, but due to the 6th Circuit’s decision on Dec. 20, OSHA said it will adjust its enforcement timeline.
According to OSHA’s website: “To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, 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. OSHA will work closely with the regulated community to provide compliance assistance.”
Via a member alert, the Agricultural Retailers Association shared: “The prudent course would be to prepare as if the ETS will come into effect in January while the issue plays out at the Supreme Court. Plans can always be suspended if the court delays or overturns the mandate, but if the court does not act it would be best to have plans in place to address the requirements.”
While governors and at least 27 state attorneys general have appealed this to the Supreme Court, it is unknown if the court will take on the appeal.
“Bottom line is that events are moving fast, but as we said a few weeks ago, do not put a fork in the ETS, and continue to prepare to come into compliance with it. It is alive and well, at least until we hear from the Supreme Court,” said the legal team at Conn Maciel Carey in their blog.
ARA members can have their policy/regulatory questions answered by the ARA team via the DC Help Desk:
You can also read more about this topic from the legal team at Conn Maciel Carey.