Supreme Court to Consider Arguments on Pulling Plug on OSHA COVID-19 ETS | Jackson Lewis P.C.

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The U.S. Supreme Court has scheduled expedited arguments on the  U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).

The ETS mandated COVID-19 vaccination or voluntary vaccinations with testing and masking for unvaccinated employees for employers with at least 100 employees. The Court will hear oral arguments from petitioners and OSHA on January 7, 2022, three days before OSHA will begin enforcement efforts.

Judge Jane B. Stanch authored the Sixth Circuit decision to lift the stay. She asserted that OSHA “must be able to respond to dangers as they evolve” such as a spreading virus with emerging variants. OSHA followed the Sixth Circuit decision with an announcement that it will not issue citations for noncompliance with the ETS before…

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