The Federal Occupational Health & Safety Administration (OSHA) has continued to move forward with their Emergency Temporary Standard (ETS or ETS2) targeting general industries. The US Court of Appeals for the Sixth Circuit dissolved an emergency stay on December 17th, which put the litigation on course to the Supreme Court. Both sides will provide oral arguments on January 7th, with the Supreme Court issuing an accelerated ruling sometime after that. In the meantime, OSHA has said they will not start issuing fines for noncompliance in applicable states until January 10th—and not until February 9th for the testing requirements.
Federal law permits California to operate an independent occupational safety and health program as long as Cal/OSHA and the Standards Board promulgate and enforce regulations that are at least as effective as federal requirements. It is expected that should the Supreme Court permit federal OSHA to proceed with its vaccine-or-testing ETS mandate after the hearing on January 7th, the Standards Board will consider and pass a similar mandate at its January meeting, scheduled for January 20.