Late Friday afternoon a three judge panel in the Sixth Circuit lifted the stay on the Biden Administration’s Emergency Temporary Standard (ETS). The ETS has a number of ongoing law suits and a Federal appeals court placed a stay on the rule before it even got going. Now the Sixth Circuit has lifted that stay and the rule may proceed.

For review, this vaccine mandate only applies to employers with 100 or more employees company wide. OSHA has said it will use it’s enforcement discretion for this rule. OSHA will begin enforcing the rule on January 10 with a February 9 deadline for the vaccine or test requirements.

More will follow after we have a chance to digest this ruling. This is likely not the end of this and we will continue to see how this unfolds. If you have or have had more than 100 employees since November 5 (original date of rule) you will need to move forward with your compliance activities.

More to come

DSF