On November 4, 2021, OSHA (the Occupational Safety and Health Administration) announced the details of the Emergency Temporary Standard (ETS) for Covid regulations in businesses of 100 employees or more. Two weeks later, after a court ruling by the 5th Circuit rejecting the ETS, OSHA announced that they would not be enforcing the ETS.
Whew! It’s like whiplash for business owners, but it’s not over.
The 6th Circuit Court of Appeals won a “lottery,” which means that they will hear the additional challenges to the ETS. Ultimately, though, it’s likely to end up on the Supreme Court’s doorstep. Most likely, the ETS will not come through unscathed, especially considering the harsh words the 5th Circuit had:
[T]he Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ [that] the Mandate purports to address.”
To keep reading, click here: OSHA Won’t Enforce Covid Rules, Pending Court. Prepare Anyway