MNOSHA will suspend enforcement of the ETS

After yesterday’s U.S. Supreme Court opinion that stayed enforcement of the OSHA ETS, Minnesota OSHA (MN OSHA) announced, “In light of the stay, MNOSHA will suspend enforcement of the ETS pending future developments.”

It is possible that the stay on the ETS could be lifted in the future. For this reason, school districts that were subject to the OSHA ETS may choose to securely retain records they compiled in order to comply with the ETS.

School districts that adopted an ETS policy (Model Policy 490 or 491) do not need to take action. The model policies state, “If any part of this policy is construed to be in violation of any law, it shall not be enforced, but portions remaining valid shall remain in full force and effect.” Until and unless the stay is lifted, the policies are not to be enforced.

MSBA will continue to monitor ETS developments. Please contact Terry Morrow, MSBA Director of Legal and Policy Services, if questions arise: