Court Issues Stay to Temporarily Block Enforcement of OSHA's COVID-19 ETS

The U.S. Court of Appeals for the Fifth Circuit issued a stay temporarily blocking enforcement of OSHA’s COVID-19 Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for companies with 100+ employees.

The Department of Labor responded to the court’s stay on Nov. 8, arguing that the petitioner’s request was seeking immediate relief, but “many of their claimed harms relate to a testing requirement that does not become effective until January 2022.”

In the meantime, the court’s stay is in effect. If the court chooses to lift the stay, it’s expected that the timing for employers to comply with the ETS will be tolled accordingly