Employer COVID Vaccination Mandate Remains Stalled in Federal Court

Currently, the case challenging the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to direct their employees to either get vaccinated against COVID-19 or be subject to weekly testing continues to remain stalled by order of the 6th Circuit Court of Appeals. The court’s stay prevents OSHA from taking any “steps to implement or enforce” the ETS. The outcome of the stay has allowed the first compliance date of the ETS to come and go without any action. Had the rule remained in effect, covered employers would have been required to ascertain the vaccination status of their employees and require unvaccinated employees to wear masks, as of December 6.

While the 6th Circuit has yet to rule on whether to uphold or remove the stay, or on the merits of the ETS, the court decided last week that the case will remain in the 6th Circuit. The court’s next ruling on the status of the injunction is anticipated for later this week. It is highly likely that whichever side the court sides with, the opposite side will appeal to the Supreme Court for a final decision. This scenario is likely to end with a final decision by the end of the year.

Despite the uncertain outcome of the ETS litigation, NRMCA continues to advocate on and monitor the ETS, while updating the membership on its changing status. For more information on how the ETS could impact the ready mixed concrete industry if allowed to go into effect please click here. To review the specifics of the ETS, click here.

For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.