On Saturday, November 6, 2021, the US Court of Appeals for the Fifth Circuit stayed OSHA ETS following a lawsuit filed by various plaintiffs, including the Attorney General of Louisiana. The order from the court notes that suspension is warranted because the application “gave cause to believe that there are grave statutory and constitutional issues with the mandate.” They stayed OSHA's action pending further action by the court. It is likely that additional lawsuits will be filed in other federal circuits, and it is unclear at this time who will hear the case ultimately. Employers subject to this rule should continue to make themselves familiar with the rule in the interim. Should there be resolution in favor of the ETS, these lawsuits will not be an appropriate basis to delay implementation unless there is no ruling by that time.
We will continue to provide updates as they are developed.