Federal Court Lifts Stay of OSHA's Vax or Test Mandate
A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s “Vax or Test” Emergency Temporary. This ruling reinstates the Vax or Test Mandate for employees with at least 100 workers. The 6th Circuit's decision on the OSHA rule is not expected to be the final word. Already, several motions requesting a new emergency stay have been filed with the U.S. Supreme Court. NADA will continue to update members as the situation evolves.
OSHA has stated that it will exercise enforcement discretion with respect to the compliance dates of the ETS. OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good-faith efforts to come into compliance with the standard.
NADA recommends that dealers continue to review the requirements in OSHA’s ETS and should consult with their counsel as to what steps toward compliance, if any, they should take at this point. In that regard, dealers are directed to the NADA webinar OSHA's New COVID-19 Employer Vaccine-or-Test Mandate: A Summary for Franchised Dealerships. Of course, businesses may at any time voluntarily adopt a vaccine and test mandate, so long as they comply with all applicable federal, state and local laws (including anti-discrimination laws). Questions regarding the adoption of a voluntary policy or on whether to continue to prepare for compliance with the ETS should be addressed to your individual counsel. General questions on the ETS or on the 6th Circuit’s deliberations can be directed to regulatoryaffairs@nada.org.
