To: MMA Policy Committee Members

Subject: OSHA Suspends Enforcement of COVID-19 Vaccine Mandate

The US Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced they will suspend enforcement of the COVID-19 Vaccine Mandate on Thursday, 11/17/21. The statement was posted on the OSHA website in response to actions by the US Court of Appeals for the 5th Circuit.

According to the statement, “The court ordered OSHA ‘take no steps to implement or enforce’ the [Testing Emergency Temporary Standard (ETS)] until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

Aside from the litigation before the 5th Circuit, there are several other cases that have been filed in other circuits. When this happens, the DC-based Judicial Panel on Multidistrict Litigation (an entity created by Congress to help consolidate and streamline actions involving litigation in different federal districts that involve one or more common questions), will hold a lottery to determine which federal circuit will be the vehicle to handle the case.

The lottery for the challenges to the OSHA order was held on 11/16/21 and the 6th US Circuit Court of Appeals was chosen. The 6th Circuit is based in Cincinnati, Ohio and covers the states of Kentucky, Michigan, Ohio, and Tennessee. It is considered one of the more conservative-leaning appeals courts, with twice as many judges appointed by Republican presidents than Democrats.

A three-judge panel of appeals court judges, still to be determined, will first hear the case. The timeline for the hearing has not been established yet.

For more information, please contact me at 517-487-8511 or worthams@mimfg.org.

David

David Quinton Worthams (Dave) | Director of Human Resource Policy | Michigan Manufacturers Association
620 S. Capitol Ave • Lansing Michigan • 48933
Tel: 517.487.8511 | Fax: 517.853.3311 | Email: worthams@mimfg.org