After The Fifth Circuit Court of Appeals ruled Friday to keep its stay of the Occupational Safety and Health Administration’s (OSHA) emergency rule that would require employers of more than 100 employees to mandate COVID-19 vaccines in place, the federal agency says that it will no longer pursue private sector vaccine mandates at this time.
“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”),” OSHA said in a statement. “The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
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