OSHA Suspends Implementation and Enforcement of COVID-19 ETS

Following the Fifth Circuit Court of Appeals’ legal stay of the COVID-19 Emergency Temporary Standard (ETS), the Occupational Safety and Health Administration (OSHA) updated its website to note that it “has suspended activities related to the implementation and enforcement of the ETS pending future developments in litigation.”  More than 30 legal challenges to the ETS were filed in a dozen different federal circuit courts of appeals since the ETS was published earlier this month. Last week, the Sixth Circuit Court of Appeals was randomly selected by the U.S. Judicial Panel on Multidistrict Litigation to hear the consolidated legal challenges to OSHA’s COVID-19 ETS. 

On November 23, the U.S. Department of Justice petitioned the 6th Circuit to vacate the stay.

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