On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit (the “6th Circuit”) dissolved the Fifth Circuit’s stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) for employers with 100 or more employees. As a result, OSHA can now implement the ETS. In response to the 6th Circuit’s decision, and to “account for any uncertainty created by the stay,” OSHA has indicated that (1) it will not issue any citations for noncompliance with any of the requirements of the ETS before January 10, 2022, and (2) it will not issue any citations for noncompliance with the weekly testing requirements before February 8, 2022. To avoid noncompliance citations, employers must exercise good faith efforts to come into compliance with the standard.
Among other things, employers with 100 or more employees must:
Masuda Funai will continue to monitor developments and provide the latest information.
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