IMPORTANT UPDATE: OSHA ETS Vaccine Mandate Reinstated

OSHA ETS Vaccine Mandate Reinstated

On the evening of December 17t, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the previously issued stay order of the OSHA ETS requiring private employers with 100 or more employees to comply with the “vaccine or test” requirements.  OSHA then granted employers a grace period to comply with the ETS requirements.

Employers will now have until January 10, 2022, to develop compliant policies and until February 9, 2022, to implement the testing programs.  Several groups have already filed emergency appeal applications to the U.S. Supreme Court requesting a stay pending Supreme Court review. 

Also on December 17, 2021, the Eleventh Circuit upheld the nationwide injunction against the vaccine mandate applicable to federal contractors.

The situation remains fluid, as both of these actions will be subject to further review in the legal system.  We recommend continuing activities to prepare for compliance with the ETS, including writing a policy, developing a testing protocol, and collecting employees’ vaccination status.  The team at CA HR Services will continue to monitor the status of OSHA and Cal/OSHA vaccine mandates and will keep you apprised of any changes.  Please visit our blog page for the most current updates.

As always, please do not hesitate to reach out to your consultant to discuss how upcoming state or federal changes can impact your operation and employment practices or email us at or call our main desk line at 858-228-5535.

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