Court Overturns Stay on
COVID-19
Vaccination and Testing Mandate
The U.S. Occupational Safety and Health Administration (OSHA) is moving forward with implementation of the Emergency Temporary Standard (ETS) that mandates employers to require their employees to be vaccinated for COVID-19 or be tested weekly and wear face coverings.
Over the weekend, the Court of Appeals for the 6th Circuit dissolved the stay that blocked the ETS until this point, stating in part that “OSHA has demonstrated the pervasive danger that COVID-19 poses to workers – unvaccinated workers in particular – in their workplaces.” The decision overrules the November stay issued by the 5th Circuit Court of Appeals.
Following the court’s action, OSHA expressed intent to provide employers with sufficient time to come into compliance. If an employer demostrates reasonable good faith efforts toward compliance, citations under the full ETS will not be issued until 1/10/22 and the standard’s testing requirements will not be fully enforced until 2/9/22.
While this decision is sure to be appealed to the United States Supreme Court, MMA members should continue to exercise prudence and prepare to adjust their internal policies to comply with the OSHA ETS until the Court reaches a final decision.
Learn more about additional pending litigation in this memo from MMA’s Dave Worthams and contact him, at worthams@mimfg.org or 517-487-8511, with your questions and concerns regarding COVID-19 regulatory matters.
Resources for Manufacturers
Stay updated and compliant with the many changes imposed over the last few weeks. Find state, federal and member resources on MMA’s COVID-19 Resources.