On Saturday, November 6, 2021, the United States Court of Appeals for the Fifth Circuit temporarily suspended the Biden administration’s emergency temporary standard (“OSHA ETS”) for employers with 100 or more employees. As we reported last week, the OSHA ETS mandates that covered employers implement Covid-19 vaccination or regular testing requirements for employees. Citing “grave and constitutional issues,” the three-judge Fifth Circuit panel put the newly issued rule on hold pending further litigation. The stay order has nationwide effect.
While lawsuits challenging the brand new OSHA ETS were filed by 27 states and private businesses in multiple circuits (including the Sixth Circuit), the conservative Fifth Circuit was the first court to rule on the issue. Challengers argue that the OSHA ETS is illegal, in that it exceeds the authority of, and is not proper subject matter for, the issuing agency (OSHA), and would be counterproductive by further straining an already tight labor market. The Biden administration contends that the OSHA ETS is lawful and necessary to help end the Covid-19 pandemic, and stated it will vigorously defend the ETS in forthcoming court proceedings.
There's a complete media blackout on the OSHA decision to suspend the vaccination mandate. Imagine that. Is it that OSHA knew they couldn't pull this one off in court so they just climbed back down the ladder?
— Media Malpractice (@BlanktheMedia) November 17, 2021
"OSHA Suspends Implementation and Enforcement of Vaccine Mandate Pending Litigation" This is for all those employees who quit or who were threatened to be fired over the Federal Vaccine mandate. There is a media blackout so use Bing or DuckDuckGo.BREAKING: OSHA says it will comply with the 5th Circuit court order to suspend the implementation and enforcement of the Biden vaccine mandate.
— Marie Oakes (@TheMarieOakes) November 17, 2021
"OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation." pic.twitter.com/HmPbDO4ETd
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