The Occupational Safety and Health Administration (OSHA) officially published its Vaccination and Testing Emergency Temporary Standard (ETS) on Nov. 5, 2021. On Nov. 6, 2021, the Fifth Circuit Court of Appeals stayed the rule from going into effect. However, employers should still take care to understand the ETS and necessary steps to comply because (1) it will take substantial planning for employers to comply with the requirements set forth in the ETS, and (2) the legal outcome of the ETS is still far from certain, and the current stay could be overturned on short notice. Thus, employers should continue preparing to implement the required measures under the ETS while they wait for a final binding decision from the courts. More.
