It’s unlikely that the 6th Circuit Court of Appeals will lift a stay on the Occupational Health and Safety Administration’s COVID-19 vaccine and testing mandate before Dec. 10, given deadlines set by the court.
The mandate, when announced Nov. 4, set a deadline of Dec. 5 for U.S. companies with 100 or more employees to develop, implement and enforce a mandatory COVID-19 vaccination-or-testing policy. But dozens of states and private businesses filed lawsuits against the federal government, and OSHA announced earlier this month that it was suspending enforcement of the standard after the 5th Circuit Court of Appeals ordered that the agency “take no steps to implement or enforce” it “until further court order.”
The cases against the mandate were consolidated into a single case before the 6th Circuit Court of Appeals through a lottery. That leaves the next move up to the 6th Circuit Court of Appeals for now.
Today is the last day for parties to enter a “motion to modify, revoke, or extend the stay,” according to court records. Responses to motions regarding the stay are due to the court no later than Dec. 7, and any replies must be submitted no later than Dec. 10.
It appears, given these deadlines, that the emergency temporary standard will continue to be stayed until at least Dec. 10 while the court considers the case.
“The question has been whether the stay will continue beyond the initial deadlines and, if not, whether deadlines will be extended to account for the period during which the ETS was stayed,” the National Law Review reported.
When the standard was announced, senior administration officials said that employers would need to ensure that their employees have received their final vaccination doses by Jan. 4, with at least weekly testing required for unvaccinated employees after that.