On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will be consolidated to the Sixth Circuit in accordance with the Consolidation Order signed today.

What does this mean for your business if you fall within the OSHA ETS mandate? We anticipate the Sixth Circuit will render a decision in the coming weeks.  We will keep you posted on this! Keep in mind that if the Sixth Circuit issues an opinion that either party does not like, this may end up in the Supreme Court.  In the meantime, we advise employers to get ready for the ETS mandate in case it is upheld and the deadlines are not extended.  Note OSHA has updated its COVID-19 Vaccination and Testing ETS webpage to state, in part, “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.”  As always, contact us with questions!

P.S.: Unrelated to the OSHA ETS, the Safter Federal Workforce updated its  Guidance for Federal Contractors and Subcontractors and extended the deadline for employees of covered contractors to be fully vaccinated to January 18, 2022.