Publication
OSHA’s Vaccination and Testing ETS Suspended
By Charles P. Keller, Brian J. Mills, Jennifer R. Yee, and Craig J. O’Loughlin
On Friday, November 5, Snell & Wilmer published a Legal Alert regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard ("ETS"). In that Legal Alert, we noted that legal actions objecting to the enactment and enforcement of the ETS were filed across many jurisdictions on Thursday, November 4 and Friday, November 5.
As a result of one of those court actions, BST Holdings v. OSHA, 5th Cir., No. 21-60845, stay granted 11/6/21, the Fifth Circuit Court of Appeals in New Orleans suspended the federal OSHA ETS requiring employers to mandate COVID-19 vaccinations or requiring employees to submit to regular testing. Citing “grave statutory and constitutional issues," the Court stayed the ETS until further notice. The Court of Appeals has fast-tracked the legal process requiring federal OSHA to file its response to BST Holdings’ motion for a permanent injunction of the ETS by Monday, November 8 at 5 p.m. BST Holdings is ordered to file its reply brief by Tuesday, November 9 at 5 p.m.
Once all the briefs have been filed by both parties, the Court of Appeals will take the matter under consideration and issue a further ruling.
Snell & Wilmer will also be presenting a complimentary, informative webinar regarding the Emergency Temporary Standard on Wednesday, November 10. An email invitation will be sent out soon.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
