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"I do not view OSHA’s announcement about suspending activities related to implementing and enforcing the [emergency temporary standard] as anything other than a public acknowledgment that it is complying with the Fifth Circuit’s order," said Brett Coburn, a partner with Alston & Bird in Atlanta. (Credit: VAKSMANV/Adobe Stock) “I do not view OSHA’s announcement about suspending activities related to implementing and enforcing the [emergency temporary standard] as anything other than a public acknowledgment that it is complying with the Fifth Circuit’s order,” said Brett Coburn, a partner with Alston & Bird in Atlanta. (Credit: VAKSMANV/Adobe Stock)
A push to have employers of 100 or more workers implement vaccination-or-testing policies has come to a halt before ever getting started, as the Department of Labor’s Occupational Health and Safety Administration (OSHA)  has suspended its COVID-19 vaccination and testing emergency temporary standard (ETS).

OSHA had planned on rolling out its emergency temporary standard requiring applicable employers by Dec. 5 to require masks for all unvaccinated employees working in-person, and to have them provide weekly negative COVID-19 tests, beginning Jan. 4, 2022.

On Nov. 6, the U.S. Court of Appeals for the Fifth Circuit in New Orleans issued a temporary stay blocking OSHA’s pending vaccination-or-testing policy. Six days later, the federal appellate court announced an order staying enforcement of the emergency temporary standard pending a final ruling on its legality.

 

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