As a result of the Fifth Circuit’s stay on OSHA’s COVID-19 Vaccination and Testing regulations (ETS), OSHA announced on Friday: “OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in this litigation.” Our advice is that employers potentially subject to the ETS should create policies and be prepared to implement them if the courts overturn the stay, but not implement and enforce them at this time. Please note this advice does not relate to the CMS ETS mandate for healthcare employers.

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Posted on November 15, 2021, by Donald S. Smith