Compliance Corner

COVID-19 Updates

Court Reinstates COVID-19 Vaccine Mandate

December 21, 2021

On December 17, 2021, the US Court of Appeals for the Sixth Circuit lifted the stay on the enforcement of the Occupational Safety and Health Administration’s emergency temporary standard (ETS) on vaccination and testing. The ETS covers private employers with 100 or more employees. Although the court’s ruling was promptly appealed to the Supreme Court, for now, the mandate has been reinstated and is in full effect.

In response, the DOL announced that OSHA would delay the enforcement of the mandate to give employers time to comply. Accordingly, OSHA will not issue citations for noncompliance with any requirements under the ETS until January 9, 2022, and will not issue citations for noncompliance with the standard’s testing requirements before February 9, 2022. Our original article on the mandate can be found in the November 9, 2021, edition of Compliance Corner.

Note that separate vaccine mandates apply to federal contractors and healthcare providers, and those orders remain under court review, with enforcement suspended in the meantime.

Sixth Circuit Order on Emergency Motion to Dissolve Stay »
DOL Announcement »