Citing ‘Grave Issues,’ Court Stays Vaccine ETS; OSHA Defends in First Brief

(November 17, 2021) - The U.S. Court of Appeals for the 5th Circuit late last week blocked implementation of OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, writing in a one-page order that the rule appears to have “grave statutory and constitutional issues.” Now OSHA is asking the federal appellate court to wait to consider the many pending challenges until they are consolidated into a single venue. Meanwhile, unions are bringing ETS lawsuits ahead of an expected “lottery” to consolidate all ETS litigation in a single circuit. SC&RA members are encouraged to register for the upcoming webinar, What SC&RA Members Need to Know about COVID Mandates for Federal Contractors and 100+ Employee Companies, November 29, 2 pm. ET. Attorney Jason Branciforte, will explain what companies are now being required to do under President Biden's COVID-19 Executive Order and Task Force Guidance, and OSHA’s Emergency Temporary Standard. As the situation evolves in real-time, he'll share an inside look at what companies need to do to prepare for compliance and position their company for success even with the uncertainty in the upcoming proceedings.