Monthly Archives: December 2021

By: Julie Pace, David Selden, and Heidi Nunn-Gilman.

On December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay on the OSHA Emergency Temporary Standard (“ETS”) requiring that companies with 100 or more employees require either employees be vaccinated against COVID-19 or be tested weekly for COVID-19.

The states who filed lawsuits to oppose the ETS have filed an emergency appeal with the U.S. Supreme Court, which has discretion whether to hear it.

I. Deadlines for Compliance with OSHA’S ETS.

OSHA has stated that it is exercising its enforcement discretion and will not issue citations for noncompliance with any aspects of the COVID-19 ETS before January 10, 2022, and will not enforce the testing requirements before February 9, 2022, in order to provide employers with time to come into compliance, provided that the company is exercising reasonable, good-faith efforts to come into compliance with the ETS.

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