OSHA Suspends Enforcement of COVID-19 Vaccination-or-Test Requirement

OSHA Suspends Enforcement of

COVID-19 Vaccination-or-Test Requirement

On Thursday, November 4, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard(ETS), which requires employers with more than 100 employees to mandate their workers are fully vaccinated or test at least weekly for COVID-19.

Since then, over 30 lawsuits have been filed nationwide seeking to permanently stay or rule that OSHA’s ETS is unconstitutional. In response to the lawsuits, and specifically the United States Court of Appeals for the Fifth Circuit’s motion granting a stay on OSHA’s ETS, on November 18, 2021, OSHA announced that it “has suspended activities related to the implementation and enforcement of the ETS.”

The announcement does not affect implementation of Executive Order 14042, which governs COVID-19 vaccination requirements and safety protocols for federal contractors – this announcement is solely focused on the suspension of the implementation of OSHA’s ETS.   

We continue to closely follow and monitor any developments regarding the federal government’s evolving policies and positions on COVID-19 vaccination requirements for employers and federal contractors. If you have any questions about how your business may be affected, please contact Ward & Berry.