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Federal Court Blocks OSHA COVID-19 Vaccination and Testing ETS

On November 6, 2021, the Fifth Circuit Court of Appeals ordered a temporary stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). The temporary stay prevents enforcement of the ETS until a final decision on the legality is published, but it does not delay the law or vacate it. As a result, affected employers should prepare by complying with most provisions by December 6, 2021, and testing requirements by January 4, 2022. Employers should also monitor for developments of the legal challenges confronting the viability of the ETS.

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Contact your Cowden representative for more information on this or other compliance issues.