WASHINGTON, DC) - The Occupational Safety and Health Administration announced on its website that it has suspended plans to implement a plan to require businesses with 100 or more employees either have their employees vaccinated against COVID-19 or require weekly testing for the illness.  The move, announced on OSHA's website, comes following a Fifth Circuit Court of Appeals order to no longer "take steps to implement or enforce the Emergency Temporary Standard until further court order."  The statement, from OSHA is below.  This is a developing story.

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.