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Federal Court Issues Administrative Stay of Vaccine Mandate

Federal Court Issues Administrative Stay of Vaccine Mandate

Posted: Nov 10 2021
A federal appellate court on Saturday issued an administrative stay of enforcement of the emergency temporary standard that would require all employers with 100 or more employees to be fully vaccinated or test weekly for COVID-19. The stay by the U.S. Court of Appeals for the Fifth Circuit—which appears to apply nationwide—was issued in response to a legal challenge to the ETS filed by several governors and private entities.
 
Under the ETS—which was developed by the Occupational Safety and Health Administration at the direction of the Biden administration—employees of covered firms would have until Jan. 4 to receive the vaccine or be required to produce a negative test on "at least a weekly basis."
 
The court directed the parties to file briefs regarding the ETS by Tuesday. Although the court’s stay is administrative in nature, to allow for the parties to brief the challengers' emergency motion, the court stated that “the petitions give cause to believe there are grave statutory and constitutional issues with the [vaccine] mandate."
 
Challenges to the ETS have been brought in at least five federal appellate courts. A random draw will be held to determine which appellate court will hear the case. In light of the possibility that the ETS may be permanently enjoined, banks may wish to consider carefully the resources and effort they expend at this time to develop a program in anticipation of compliance with the ETS.
 
In Related News:  The White House on Friday issued a fact sheet outlining several key details of the much-anticipated Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) requiring all US companies with 100 or more employees to implement  a COVID-19 vaccine mandate for their workers.  The rule also allows those employees who choose not to be vaccinated to produce weekly negative COVID tests. 
 
According to the fact sheet, covered firms have until January 4, 2022 to ensure that all employees have received a COVID vaccination, which is defined as either two doses of the Pfizer or Moderna vaccine, or one dose of the Johnson & Johnson vaccine.  After January 4, any employees who have not received the vaccine must provide a verified negative test to their employer at least weekly.  Companies must remove any employee who receives a positive test or is diagnosed with COVID-19 from the workplace.
 
To view the fact sheet, visit:   https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/fact-sheet-biden-administration-announces-details-of-two-major-vaccination-policies/
 
 

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