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With the 5th Circuit Court of Appeals blocking the OSHA Covid-19 vaccination emergency temporary standard (ETS) late last week, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
This is encouraging news for Montana businesses that are scrambling to stay on top of these new obligations (and liabilities) in their places of work, but the issue is far from over…
This week, the dozens of lawsuits filed around the country regarding the ETS were consolidated into one case that has been assigned to the 6th Circuit Court of Appeals. It will now be up to this court to decide whether to lift the stay issued by the 5th Circuit. Regardless, business owners should expect that decision to be appealed and for the litigation to ultimately end up before the Supreme Court.
Even though there’s now some “wait and see” to this, the Montana Chamber recommends that businesses with more than or close to 100 employees stay tuned and take practical steps as they see fit in case the ETS proceeds. The Chamber’s three-pronged engagement strategy remains in effect.
Two helpful resources:
  • FAQ page by Littler Mendelson, a law firm that specializes in labor and employment law; and
  • FAQ page by OSHA

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