Paraphrasing from CICI Associate Member Conn Maciel Carey LLP, CICI wanted you to know that late Friday, the US Court of Appeals for the Sixth Circuit dissolved the nationwide stay of OSHA’s Vaccination, Testing, and Face Coverings Emergency Temporary Standard (ETS) that was issued by the Fifth Circuit in November. 

The Department of Labor and OSHA issued a statement that the agency is moving forward with implementation and enforcement of the ETS, but also provided some enforcement relief for companies able to demonstrate good faith efforts to comply. Even if you are not prepared to fully implement the program by the January 9 deadline, there is enforcement discretion and relief OSHA has indicated it will offer to companies working steadily to come into compliance.  

Numerous parties have filed an emergency application and motion with the US Supreme Court requesting a reissuance of the stay of the ETS.  South Carolina and 26 other State Attorneys General and a host of private entities have also filed an emergency application for a stay.

CICI will keep you up to date with any further developments. 

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