On November 12, 2021, the Fifth Circuit Court of Appeals issued its opinion reaffirming its earlier stay of the OSHA Private Employer ETS. As a result, OSHA has confirmed that it is suspending activities related to implementing and enforcing the Private Employer ETS pending future developments in litigation.
Moving forward, the Judicial Panel on Multidistrict Litigation will randomly designate one circuit court of appeals from among those where lawsuits against the OSHA Private Employer ETS have been filed to consolidate and hear all OSHA Private Employer ETS lawsuits.
Until a final decision is made, HR Partners advises employers who are covered under the OSHA Private Employer ETS to prepare policies in accordance with the ETS to be used in the event that the OSHA Private Employer ETS is found enforceable. However, employers may, but are not required to implement such policies at this time.
Please note, this decision does not apply to the Federal Contractor Vaccination Mandate or the CMS Mandate; covered employers should continue implementing these mandates as required.