Sixth Circuit lifts stay of OSHA ETS

Authored by Bukaty Companies on December 22, 2021

OSHA announces enforcement delayed until January 10 and February 9

This past Friday, the Sixth Circuit Court of Appeals lifted the emergency stay placed on OSHA’s COVID-19 Emergency Temporary Standard (ETS), which states private employers with 100-plus employees must require employees to be fully vaccinated or wear masks and submit to weekly COVID-19 testing.

On December 18, the Department of Labor (DOL) issued a response confirming implementation of the ETS will proceed. The DOL clarified that OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022, and citations for noncompliance with the weekly testing requirement won’t occur before February 9, 2022.

The Sixth Circuit’s December 17 decision overturned a November 6 stay issued by the Fifth Circuit Court of Appeals one day after OSHA published the ETS. The Fifth Circuit again confirmed the stay on November 12.

Petitioners have already filed an emergency application with the U.S. Supreme Court seeking to dissolve the Sixth Circuit’s decision.

For additional information, contact your Bukaty benefits consultant at 913.345.0440.


Blog Category: Benefits, Compliance