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