OSHA Announces Suspending Covid ETS

On November 3, 2021, President Biden and the Occupational Safety and Health Administration (OSHA) issued a sweeping nationwide emergency temporary standard (“ETS”) for the American workplace that would mandate hefty fines for private sector employers with more than 100 employees. The ETS forces all private employers to mandate employees be vaccinated for COVID-19 or tested weekly. The ETS would potentially impact approximately 180 million American workers—two-thirds of the national workforce. The ETS was set to be effective on January 4, 2022.

The ETS is the first time a federal administrative agency has mandated that a respiratory virus is an occupational hazard for private employers—essentially placing COVID in the same category as other workplace safety concerns such as asbestos and dangerous machinery. 

Many states, large unions, and the Wisconsin Manufacturing Association have filed multiple lawsuits to challenge the constitutionality of the ETS. On November 18, 2021, OSHA announced it is suspending the ETS for private employers due to pending litigation. For questions regarding COVID-19 issues in the workplace, give One Law Group, S.C., a call at (920) 336-5766 and ask for Employment law Attorney Sarah Brown DeBruin. We have offices in Green Bay, Appleton and Lakewood Wisconsin.