Skip to Content

Federal Court of Appeals Issued a “Stay” on the Implementation of the OSHA Vaccine/Testing Rule

11.16.21 written by

Late Friday, November 12, the Fifth Circuit Court of Appeals put a “Stay,” or hold, on the implementation of the OSHA vaccine/testing regulations.

The Federal Courts are expected to consolidate the numerous court challenges to the OSHA vaccine/testing regulations into one circuit. Which Circuit Court will address all of these cases will be determined by lottery. That lottery is expected to occur on November 16. Once the Court is chosen to address the consolidated cases, that Court will have the authority to continue or lift the Fifth Circuit Stay of this order.

The reasonable question that you will have is, if we have 100 employees, do we still need to comply with the December 5 and January 4 deadlines?

Because of the Fifth Circuit’s current Stay or hold on the implementation of the order, it is unlikely that the December 5 and January 4 deadlines will take effect on those dates. However, we cannot guarantee that those dates will not be reinstated. Therefore, we advise that you continue to plan the implementation of this rule so that if it does get reinstated, you will be in a position to comply.

Further, this ruling does not apply to the Medicare and Medicaid (CMS) rule for healthcare workers or to Executive Order 14042 requiring mandatory vaccination for federal contractors and subcontractors. The requirements of those two rules are not impacted by the Federal Court’s Stay of the OSHA rule.

If you have any questions, please do not hesitate to contact Karen Soehnlen McQueen ( or any of the attorneys at Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. at 330.497.0700.

NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.