Frequently Asked Questions:
OSHA’s COVID-19 Vaccine & Testing ETS
ILMA has prepared these FAQs to assist those member companies covered by OSHA’s COVID-19 emergency temporary standard (ETS) published on Nov. 5, 2021. Because information may change, such as coverage under the ETS for truck drivers, please refer back to these FAQs for updates.
Court challenges to the ETS have resulted in one temporary stay by the U.S. Court of Appeals for the Fifth Circuit. The court challenges likely will be consolidated into a single multi-district case that warrants watching, as OSHA does not have a good track record on judicial review. Of six emergency temporary standards previously challenged in court, only two were upheld in part.
Despite the court’s temporary stay, ILMA members should continue to make themselves familiar with OSHA’s ETS and develop plans to comply if the stay is lifted or if the courts limit the ETS.