Health & Safety Insights

Court Temporarily Halts OSHA COVID-19 ETS

Date: 11/10/2021

Legal action was filed against OSHA's Emergency Temporary Standard (ETS). Several businesses filed a petition in the Fifth Circuit Court of Appeals, arguing OSHA overstepped its Constitutional authority in issuing the rule. The rule has been temporarily halted until both sides can present their arguments. 

The court is expected to rule quickly. No matter which way the court rules, the decision is likely to be appealed. Practically, it doesn't change the scheduled enforcement of the rule, so long as all is settled prior to the first compliance date of December 5. Businesses should not assume the rule will be tossed out. There's a chance that it will stand. If so, it will be effective immediately, likely with the original compliance dates. Business should at least plan their implementation strategy, in case the rule does survive the legal challenges.