6th Circuit To Hear OSHA Vax ETS Challenge; OSHA Suspends Action; State Plans Expected To Wait And Watch
The United States Court of Appeals for the Sixth Circuit was selected to hear the consolidated challenges to Federal OSHA ETS mandating vaccine or test for large employers. The Sixth Circuit has jurisdiction over federal appeals arising from the states of Kentucky, Michigan, Ohio and Tennessee. The Court sits in Cincinnati, Ohio. The Court has not yet set a schedule for the litigation. Given the circumstances it seems likely the matter will end up at the U.S. Supreme Court.
In the meantime, consistent with the Stay Order, Federal OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation. With the uncertainty, the State Plan states are expected to continue evaluating their own emergency rules while closely monitoring the litigation.
If you are an Employer and have questions and need assistance, please contact the lawyers at Cummins, Goodman, Denley & Vickers at (503) 476-8200.
©2021 Cummins, Goodman, Denley & Vickers, P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Cummins, Goodman et. al., and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
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