On November 16, 2021, the United States Court of Appeals for the Sixth Circuit was selected in a lottery to address the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”). As previously reported, since the ETS was published on November 5, 2021, 34 petitions had been filed in 12 different federal appeals courts seeking relief from the ETS.
As a result of the lottery, the U.S. Court of Appeals for the Sixth Circuit was randomly selected. The Sixth Circuit three-judge panel will decide whether it agrees with the stay order, modify it, or vacate the decision and issue its own order.
In addition, OSHA has announced that it has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation. We will continue to follow developments as they become available. In the meantime, we recommend that employers familiarize themselves with the requirements of the ETS and begin preparing for the ETS as if it will take effect while waiting to implement its measures until the final judicial outcome is certain. Should you have any questions or need assistance, please contact ALG.