22 I PSAI Association Insight, December 1, 2021
OSHA Headlines
Lawsuits over OSHA's
ETS Will Be Heard by
Sixth Circuit Court
On Nov. 5, the U.S. Occupational Health and Safety
Administration released its Emergency Temporary
Standard (ETS), requiring private-sector employers
with at least 100 employees to either mandate
vaccination against COVID-19 or require weekly
testing of workers.
From National Law Review website and an
email from MRA – The Management Association
Several states and some employers filed suit—a
total of 34 lawsuits.
On Nov. 16, the U.S. Panel on Multi-District
Litigation conducted a lottery so that all legal
challenges can be consolidated and transferred
to one Circuit Court of Appeals for a hearing
and decision. The Sixth Circuit Court of Appeals
(which includes Kentucky, Michigan, Ohio, and
Tennessee) was selected in the lottery.
It is not yet known how the case will be
decided. MRA—The Management Association
recommends that employers plan to comply
with the ETS, although implementation is not
required for now. If a current stay on the ETS
is overturned by either the Circuit Court or the
U.S. Supreme Court, the original compliance
dates in early January may need to be met. An
article on the SHRM website also recommends
that employers continue to work on some tasks
related to the ETS.
