UPDATE: On December 17, 2021, in a 2-1 decision, the 6th Circuit Court of Appeals allowed the Occupational Safety and Health Administration’s (“OSHA”) Vaccination
and Testing Emergency Temporary Standard (“ETS”) to move forward by lifting an earlier court’s stay that had put the ETS on hold. In response to the court’s decision,
OSHA has initiated an aggressive implementation and enforcement schedule. While OSHA expects covered employers to begin complying immediately, the agency has said it will delay
enforcement of the vaccination requirements of the ETS until January 10, 2022, and will wait until February 9, 2022, to start enforcing the optional testing component of the
ETS. Both of those dates are quickly approaching.