For those of you who may not have heard yet, as we predicted, the Fifth Circuit Court of Appeals has issued an Order staying application of the new OSHA COVID-19 ETS. The stay is only temporary, and the parties will orally argue their cases tomorrow, after which the court will issue a ruling, which could extend or vacate the stay.
It is also likely that other Courts will also address the ETS, with some finding it valid and others issuing injunctions against its application. It is entirely likely that the U.S. Supreme Court will have the final say on the matter.
In the meantime, it would be advisable for employers covered by the ETS to proceed with the creating of their policies, documents, etc… as if the ETS was going to go into effect as scheduled.
I’ve got no love for health care providers this morning – the Fifth Circuit’s ruling does not address the new CMS Rule requiring recipients of Medicare and Medicaid payments to implement mandatory vaccination programs.
As always, don’t hesitate to reach out to me if you have any questions.