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Article by Anthony Darkangelo, CEO FCA International

Nov 18, 2021

On Saturday morning (11/13), the United States Court of Appeals for the Fifth Circuit issued an order extending the stay of enforcement of OSHA's ETS rule until there can be a full review of the petitioner's request for a "permanent injunction." For more information on what the OSHA ETS would do as it currently stands, click here.

Here’s the key text from the court’s 22-page order:

  • The petitioners' motion for a stay pending review is GRANTED. Enforcement of the Occupational Safety and Health Administration's "COVID-19 Vaccination and Testing; Emergency Temporary Standard” remains STAYED pending adequate judicial review of the petitioners' underlying motions for a permanent injunction.[FN23]
  • [FN23] The Clerk of Court shall ensure that this order applies with equal force to all related motions consolidated into this case in accordance with the court's November 6, 2021 order.
  • As part of its decision, the fifth circuit concluded that petitioners “show a great likelihood of success on the merits.”

Stay tuned and stay calm. There is still much to happen before we know what and if signatory contractors need to concern themselves with any of the possible mandates from the OSHA ETS rule.

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