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12.20.21 written by

As you may have heard, the Federal Court of Appeals has reinstated the OSHA vaccine or test Emergency Temporary Standard for employers with 100 or more employees. Almost immediately, OSHA has announced that it will move forward with enforcement of the Emergency Temporary Standard but did issue a new schedule. OSHA has set two new deadlines as follows: 

  • January 10, 2022 – Employers must comply with all aspects of the rule other than testing. This includes drafting a policy, collection of vaccination status of employees, and requiring masking of all unvaccinated employees.
  • February 19, 2022 – Weekly testing for all employees not vaccinated.

An appeal of this decision has been filed with the Supreme Court of the United States. However, until the Supreme Court addresses the issue, and there is no indication that they will address this issue prior to January 10 or February 9, all employers with 100 or more employees must be prepared to comply with this rule.

If you have any questions, please contact Karen Soehnlen McQueen ( or any of the attorneys in the Labor and Employment Section 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.