HR Council Meeting - status of the OSHA Emergency Temporary Standard

During our next HR council Dec 16th at 8:30am, we will revisit the status of the OSHA Emergency Temporary Standard (the vaccine mandate for businesses of 100+ employees). While it has not been defeated by the pending Court cases, its start date remains stayed by a US federal court in the 5th federal circuit. Because challenges have been presented in multiple federal districts, by agreement the 6th federal circuit will now hear all the challenges to the ETS from all the districts in a single, consolidated manner. The 6th circuit may maintain the stay issued by the 5th circuit, modify the stay, or dismiss the stay and uphold the ETS. The 6th circuit has not yet issued a decision, and I have as yet found nothing to indicate when the decision will issue.
 
After the 6th Circuit issues its decision, the litigation might proceed to the U.S. Supreme Court, which would have the final say about whether the ETS survives. But the Supreme Court can decide whether it wants to become involved; at this point, it is not possible to say when, or whether, that might happen.
 
OSHA has “suspended” its implementation efforts until the 6th circuit (and possibly the US Sup Ct) weigh in. This may signal that after the Courts weigh in, and if they uphold the ETS, that the compliance deadline will be pushed out a bit. It is presently set for January 4, 2022. Thus, the start date remains up in the air for now.
 
In sum, the ETS fight wages on, so employers need to consider moving forward with preparations in case the OSHA ETS is upheld or sit tight in the hope that it is defeated or delayed. If you get everything ready to roll out and then hold the roll out to see what happens in the 6th Circuit, covered companies will be in the best possible position.
 
In addition, we will also cover the Federal Contractor and Healthcare mandatory vaccination orders. Neither of those mandates are subject to a stay at present, so businesses covered by them still need to plan to comply. However, there are Court cases filed to challenge those mandates too, and stay orders may be forthcoming. We should have some greater clarity on all these important issues by the next meeting. I hope to see you there.

sponsored by Foley & Foley, PC


TRI-TOWN HUMAN RESOURCES COUNCIL
The Council’s mission is to enhance the knowledge, resources and experience of its members in the field of human resources management through shared information, experiences, education and networking.

Membership in the Council is open to any business in need of assistance with its human resources function, meaning every business, as well as to independent practitioners who work with or for businesses to assistance them with their HR function.  The representatives who attend and participate in meetings and events should have an interest in, involvement with or responsibility for human resources.
 
As members of the Council, we agree to work together to:
1.  Support the Council’s mission, goals and objectives.
2.  Develop an understanding of and implement the highest standards of professional conduct within our organizations and/or those of our clients.
3.  Endeavor to make our organization and/or our clients successful through the support and encouragement of effective human resources practices.
4.  Encourage professional development and growth in the field of human resources management.
5.  Help our members to instill in their employees and employers a sense of confidence about and an understanding of the role of the human resources professional.
6.  Understand all laws and regulations relating to human resources activities.