On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the injunction that had prevented the Occupational Safety and Health Administration (OSHA) from enforcing its vaccine and testing mandate for employers with 100 or more employees. The Court, which has been assigned the authority to decide on a consolidated appeal brought by multiple parties, including the Mississippi Attorney General, found that the vaccine and testing mandate was likely within OSHA’s authority. Several applications have already been filed with the Supreme Court seeking to reinstate the injunction.
In light of the new ruling, OSHA has indicated that it plans to begin enforcing the mandate’s requirements on January 10 and will enforce the testing requirement within the mandate on February 9. OSHA may change these dates following any future Supreme Court decision. For now, employers with more than 100 employees should evaluate whether the OSHA mandate applies to them and plan for the possible need to comply with the mandate by January 10.