Hey Compliance Warriors!
Holidays are not a reason to stop the presses.
Last night, the Supreme Court announced that it would hold two special oral argument sessions on Friday, January 7, 2022, which will address both sides of whether or not the OSHA ETS and CMS vaccination mandates should proceed or stay.
OSHA has announced that it will not issue citations for non-compliance with the Vax or Test ETS before January 10, 2022. However, since the Court will not hear oral arguments until January 7, 2022, employers that are unprepared for validation of the ETS may be caught way off guard and unable to comply on the 10th since OSHA has not announced an extension of the January 10, 2022 deadline.
That being said, OSHA has also said it will not issue citations for violating the ETS testing requirements before February 9, 2022, so long as an employer exercises reasonable, good faith efforts to comply with the standard. That part will be helpful to employers that need to ramp up testing and can show good faith efforts to do so if the ETS moves forward.
The possible outcomes are that the Supreme Court rules over the weekend after the oral arguments on Friday, January 7, to end the ETS, or perhaps it will rule with the government and allow for implementation on January 10th as planned.
Oh yeah, we cannot forget the currently stayed CMS mandate which will also likely be decided soon after the arguments on January 7th.
So, for now, keep your eyes and ears open and stay tuned and seriously plan your next move based on the outcome of these next steps!
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