OSHA Vaccine mandate “blocked”

The Fifth Circuit Court of Appeals has blocked OSHA from implementing and enforcing the vaccine mandate affecting employers with 100 or more employees. Multiple courts have filed challenges to the rule. When such challenges occur, a “lottery” system consolidates all appeals before a randomly selected circuit court, which will then hear the challenge. This lottery is expected to take place on or about Monday, November 16th. If the Fifth Circuit is not selected, another appeals court will have the opportunity to issue the controlling decision. The Supreme Court will likely ultimately rule on whether President Biden’s COVID vaccine-or-testing policy for businesses with at least 100 employees will stand. Covered employers should still prepare for the upcoming deadlines (January 4th for the mandate) while this issue is pending in the courts.