OSHA Requires Large Employes to “Vaccine or Test;” Fifth Circuit Issues Stay

An OSHA Emergency Temporary Standard (ETS) issued in November 2021 requires “all covered employers with one hundred (100) or more employees to implement minimum vaccination and testing requirements, vaccine verification, paid time off relating to vaccination and face-covering requirements for unvaccinated employees in the workplace.” Employers with one hundred or more employees can find Q&As related to the mandate and compliance requirements here


In related news, the United States Court of Appeals for the Fifth Circuit with appellate jurisdiction over Louisiana, Mississippi, and Texas granted a motion to stay enforcement of the ETS. This order is the first major action in response to the ETS. The action does not address whether or not the mandate passes constitutional muster, but rather calls the mandate both “overinclusive” and “underinclusive.” The Fifth Circuit’s stay orders OSHA to “take no steps to implement or enforce the Mandate until further court order.”


Confused about where this leaves your company? You’re not alone. At Webb Sanders & Williams, our attorneys are available to assist you as you lead your company and employees through these uncertain times. Call our office at 662-844-2137 to request an appointment.