Federal Court Halts Federal Vaccine Mandates for Employers

The federal Sixth Circuit Court of Appeals which is based in Cincinnati has been chosen to preside over the litigation concerning OSHA’s emergency temporary standard (ETS) which requires companies with 100 or more employees to mandate the Covid-19 vaccine or submit to weekly testing and mask requirements.

The ETS imposed two compliance deadlines: proof of vaccination and mask-wearing for unvaccinated employees beginning December 6, and the additional requirement of weekly testing for unvaccinated employees beginning January 4. Prior to the case being transferred to the Sixth Circuit, the Fifth Circuit Court of Appeals issued a nationwide stay of the ETS, which currently remains in effect.

Here’s what’s happening:

OSHA has requested the Sixth Circuit to modify the stay or to dissolve it altogether. Subsequently the sixth circuit set filing timelines for legal arguments to be presented by December 10. That means no further action will be taken until or post December 10. While this is being litigated OSHA has made it clear that they will stand down on implementing the mandate.

While this is being litigated there are some caveats worthwhile for people to know. While OSHA is standing down, they have asked the court to leave in effect now while the case is being litigated both making and testing.

While the stay is in place this does not mean that employers are “unfortunately” off the hook since both state and local authorities can impose policies that enact covid policies therefore local businesses should monitor local or state policies.

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Chris Russell is the CEO and editor of The Daily Brief and host of The Chris Russell Show a podcast that looks at current events, cultural challenges, and challenges facing the world today from a philosophical twist, a patriotic perspective, and in light of biblical truth. It can be heard on Spotify, apple podcasts, or wherever you listen. Click the image below to subscribe.

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1 Comment

  1. Joe

    We need the judiciary to completely strike down these federal mandates.

    Reply

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