The federal Fifth Circuit Court of Appeals has issued a formal stay of OSHA’s COVID-19 Emergency Technical Standard (ETS) pending a full Court review. Since the ETS vax-or-test mandate was published on November 5, petitions for review have been filed in at least a half dozen Courts of Appeals. In its 22 page rebuke of the Department of Labor, the Court went out of its way to stress that OSHA is to take no steps to implement or enforce the ETS until further court order.
In light of this decision, the ETS is on hold until further notice. That said, dealers should consider continuing to review the requirements set out in OSHA’s ETS and are directed to the following NADA webinar in that regard: OSHA’s New COVID-19 Employer Vaccine-or-Test Mandate: A Summary for Franchised Dealerships. Questions on whether to continue to prepare for compliance with the ETS should be addressed to your individual counsel. General questions on the ETS may be directed to regulatoryaffairs@nada.org.
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