On December 17, 2021, the 6^th circuit court lifted the 5^th’s circuit stay of OSHA’s ETS on COVID-19 vaccination and testing for employers with at least 100 employees. Multiple parties, including 27 states, have filed emergency motions with the U.S. Supreme Court to block the ETS. However, until we hear otherwise, it is essential that employers prepare to comply with the ETS that was issued on November 5, 2021.

OSHA quickly announced that it will not issue citations for noncompliance before January 10, 2022. The agency also stated it will exercise its discretion and not issue citations for noncompliance with testing requirements under the ETS before February 9, 2022, if an employer is exercising reasonable, good faith efforts to come into compliance with the standard.

If you have any questions, please feel free to contact us.