Situation Report | November 22, 2021
The Occupational and Safety Health Administration (OSHA) COVID-19 vaccine Emergency Temporary Standard (ETS) has been put on hold due to recent court action by the U.S. Court of Appeals for the Fifth Circuit.
OSHA announced on its website:
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the 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.
OSHA’s rule requires employers with at least 100 employees to have a vaccination policy that requires employees to be fully vaccinated or submit to weekly testing. While New York State’s vaccination mandate covers most home care and hospice providers and their staff, there may be some who fall under the OSHA ETS.
More information is available on the OSHA website.