U.S. Court of Appeals Stays Enforcement of OSHA's Vaccine and Testing Mandate
Late last week, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of OSHA’s Emergency Temporary Standard (ETS) mandating COVID-19 vaccinations or at least weekly testing for workers at US companies with 100 or more employees. The order was issued after an expedited briefing and in response to a petition filed by various employers, states, and individual citizens seeking a temporary stay of the ETS pending judicial review to determine if a permanent injunction of the ETS should issue. While the Fifth Circuit will not necessarily be the final word on the matter, the ruling signals that at least one federal appellate court has made a preliminary determination that the challenge to the ETS will likely succeed on the merits. This order means that OSHA is barred from both enforcing the ETS and taking any steps to implement the ETS.
Additional Resources:
- Press release from the Department of Labor (https://www.dol.gov/newsroom/releases/osha/osha20211104)
- ETS Fact Sheet from Department of Labor (https://www.osha.gov/sites/default/files/publications/OSHA4161.pdf)
- ETS Summary (https://www.osha.gov/sites/default/files/publications/OSHA4162.pdf)
- ETS FAQs (https://www.osha.gov/coronavirus/ets2/faqs)
IFCA will keep the membership abreast of any further court action concerning OSHA’s mandate and its impact on the ag input industry.