Hey Compliance Warriors!
On Friday night the 6th U.S. Circuit Court of Appeals lifted the injunction blocking the OSAH COVID-19 vaccination ETS (BST Holdings, LLC et al v. OSHA, et al, No. 21-4080 (6th Cir. Dec. 17, 2021)).
The ruling was decided by a 2-1 vote by a three-judge panel of the circuit. The decision removed the stay imposed by the 5th Circuit.
Be watching for an appeal to the U.S. Supreme Court (SCOTUS) by the mandate’s challengers.
Since court proceedings have already extended beyond the ETS’ timeline for employers to implement COVID-19 vaccination mandates, OSHA said it would resume implementing the ETS, but delay enforcement until January 10th, 2022.
“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”
Stay tuned and Be Audit-Secure™
Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
“You cannot be audit-proof, but you can Be Audit-Secure.”
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