December 21, 2021
On December 17, the Sixth Circuit Court of Appeals, in a 2-1 ruling, lifted the stay on OSHA’s Emergency Temporary Standard (ETS) requiring employers with over 100 employees to ensure workers are vaccinated against the coronavirus or undergo weekly COVID-19 testing. The ETS is now in effect.
“Based on the [Occupational Safety and Health Act’s] language, structure and Congressional approval, OSHA has long asserted its authority to protect workers against infectious diseases,” wrote Judge Jane Stanch for the majority. “OSHA relied on public health data to support its observations that workplaces have a heightened risk of exposure to the dangers of COVID-19 transmission.”
OSHA’s ETS takes effect immediately except in the 22 states, like Indiana, that have their own OSHA-approved state plans. Those states have up to 30 days to adopt OSHA’s ETS or to inform OSHA of their own proposed plan which must be at least as effective as OSHA’s ETS.
If you have questions regarding the ETS or any other matter, please contact the attorneys at Warrick & Boyn, LLP.