It’s Back (for Now Anyway): Sixth Circuit Dissolves Stay of OSHA ETS on Vaccines

In the ever-changing vaccine mandate legal tennis match, the Sixth Circuit on Friday entered an opinion lifting the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccines and testing. Companies with at least 100 employees will now (and again) have to put in place either a mandatory vaccine policy or a weekly testing and mask policy (see our previous post).  The court did not rule on whether the OSHA standard preempts state and local laws that restrict vaccination requirements (see blog post). This opinion will almost certainly be appealed, so stay tuned…