For our client with 100 or more employees, there have been several recent announcements and court rulings related to COVID-19 vaccinations and testing that should be of interest. On November 4th, OSHA published its Emergency Temporary Standard or “ETS” that established certain minimum vaccine and testing requiremetns for private US employers with 100 or more employees.
Shortly thereafter, several court rulings and appeals ensued, and by November 12, that ETS has been put into legal jeopardy. According to the National Law Review, as a result of that appeals opinion, the administration declared yesterday that OSHA has suspended all activities relating to the implementation and enforcement of the ETS pending further litigation. However, this is still a temporary ruling and will be appealed, most likely all the way to the Supreme Court, which would make the final decision.
This court decision has no effect on vaccine mandates applying in healthcare settings or to federal contractors and subcontractors.
We just wanted our larger clients to continue to be aware and prepared.