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On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay the Occupational Safety and Health Administration's (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), published on November 5, 2021 (86 Fed. Reg. 61402). 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.
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