OSHA’s Vaccine-or-Test Mandate for Large US Employers is Reinstated, Prompting Request for Supreme Court Intervention

Mayer Brown

On December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s nationwide stay of the US Occupational Safety and Health Administration’s “vax or test” Emergency Temporary Standard (ETS), applying to US employers with 100 or more employees. Employers must have either a mandatory-vaccination policy or a vaccination-or-test policy for their employees. This Legal Update addresses three issues: (1) current compliance requirements for employers; (2) the status and timing of the ongoing litigation; and (3) the main arguments being made in the litigation.

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