On November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate:

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

For more information about the Fifth Circuit’s decision, see OSHA Vaccine Mandate Future In Doubt.

As always, stayed tuned.

If you have any questions about the OSHA vaccine mandate, the court’s stay of the mandate or other issues related to mandatory vaccination policies, feel free to contact Wessels Sherman attorney Alan Seneczko at alseneczko@wesselssherman.com or (262) 560-9696