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OSHA Suspends COVID-19 Vaccination and Testing ETS

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A.

On November 16, OSHA announced that due to the ruling of the Court of Appeals regarding the COVID-19 Vaccination and Testing Emergency Temporary Standard, it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in this litigation.”

This newly stated position of OSHA immediately impacts employers with 100 or more employees, who are not federal contractors and are not subject to the Centers for Medicare and Medicaid Services (“CMS”) guidance. It appears, based on this announcement, that employers are no longer faced with the December 5, 2021, and January 4, 2022, compliance deadlines associated with this OSHA vaccine or testing program. However, this does not impact the implementation of the CMS and Federal Contractor Vaccine Mandates.

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.

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