NFDA Endorsed Provider, SESCO Management Consultants, provided an update on the federal large employer vaccine mandate under OSHA. Challenges to OSHA’s emergency temporary standard have been filed in multiple federal circuit courts across the country, presenting an uphill battle for the mandate. (see below).
As a benefit of membership, NFDA members can call the SESCO Human Resources Hotline or our OSHA hotline, staffed by the experts at Certified Safety Training, with questions; click here for more information about the hotlines staffed by SESCO and Certified Safety Training.
As we have reported on previously, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) that required employees of employers with 100 or more employees either to get vaccinated or to test negative on a weekly basis.
However, the U.S. Circuit Court of Appeals for the Fifth Circuit has issued a nationwide stay blocking the ETS from taking effect. The court ordered OSHA to "take no steps to implement or enforce the [ETS] until further court order." In recognition of this ruling, OSHA has stated that it has suspended all activities relating to the implementation and enforcement of the ETS pending further litigation.
Challenges to the ETS have been filed in multiple federal circuit courts across the country. When there are multiple filings like these, a multi-circuit “lottery” system is utilized for purposes of consolidation and clarity. That lottery has chosen the Sixth Circuit, which is generally viewed as a favorable draw for OSHA vaccine mandate's challengers. We will provide updates as the Sixth Circuit issues any relevant orders.
Regardless of the outcome in the Sixth Circuit, the U.S. Supreme Court will likely have the final word.
To be clear, the ETS in its entirety is currently blocked from enforcement on a nationwide basis.
NFDA will keep you apprised of the latest update to the OSHA ETS.