On November 4th, Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard with the backing of the Biden Administration requiring all employers of 100 or more employees to be vaccinated or undergo weekly Covid-19 mandatory testing. Employers would be required to remove employees from the workplace if they tested positive. The cost of an Employer violations would range from initial $7,000 to $70,000 for willful intent.
Soon thereafter the 5th Circuit Court of Appeals issued a temporary stay citing “grave statutory and constitutional issues” with the mandate. As of now the temporary stay is the law of the land until their is a conflicting ruling from another Circuit Court of Appeals.
Below are links to the stay order by the 5th Circuit Court of Appeals as well as key resources from the NAPEO regarding this matter.
We will continue to update as this matter progresses.
5th Circuit Court of Appeal
https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf
NAPEO Covid-19 ETS comments
https://www.napeo.org/advocacy/what-we-advocate/federal-government-affairs/ets
NAPEO webinar regarding ETS is located on their website under webinar archive under legal governmental affairs titled OSHA Covid-19 Vaccine Mandate
.https://www.napeo.org/peo-resources/tools/webinars
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