On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the Fifth Circuit Court’s stay of the U.S. Department of Labor (USDOL) Vaccination and Testing Emergency Temporary Standard (ETS). The USDOL’s Occupational Safety & Health Administration (OSHA) can now proceed with implementing the ETS, which requires large employers (with 100 or more employees) to adopt a mandatory vaccination policy. To provide employers sufficient time to come into compliance, OSHA will not issue citations for noncompliance with the ETS before January 10, 2022, and will not issue citations for noncompliance with ETS testing requirements before February 9, 2022, so long as an employer is making efforts in good faith to come into compliance. For more details, see the ETS litigation update, Fact Sheet, and FAQs.
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