OSHA issued its Emergency Temporary Standard (ETS) in early November. A series of challenges quickly ensued, resulting in a stay of the ETS and a consolidation of the cases before the Sixth Circuit. On December 17, 2021, the Sixth Circuit lifted the stay. OSHA has indicated that it will delay enforcement of the ETS deadlines until January 10, 2022 (for non-testing requirements) and February 9, 2022 (for testing requirements). In the meantime, an emergency application has already been filed with the U.S. Supreme Court to prevent the rule from taking effect.
While the ETS remains subject to further challenges, employers are currently under January and February deadlines for compliance. Reed Smith’s Labor & Employment team has detailed some common FAQs about the ETS and employer obligations. If you have further questions, contact a member of the Labor & Employment team.