[20211117]LSB10658_第五巡回赛保持OSHA疫苗接种和检测标准.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Fifth Circuit Stays OSHA Vaccination and Testing Standard Updated November 17, 2021 On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) reaffirmed its initial stay of a new Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) that would generally require private employers with 100 or more employees to establish and enforce mandatory Coronavirus Disease 2019 (COVID-19) vaccination policies. The stay bars OSHA from enforcing the standard during the pendency of judicial review. Shortly after its November 5, 2021 publication in the Federal Register, the ETS was challenged in the Fifth Circuit, as well as in the Sixth, Seventh, Eighth, Eleventh, and District of Columbia Circuits. Additional challenges have also now been brought in the First, Second, Third, Fourth, Ninth, and Tenth Circuits, with petitions filed by labor organizations in the latter five circuits. The Fifth Circuits stay applies nationally as the court considers whether to enjoin the ETS permanently. This Legal Sidebar reviews OSHAs authority to issue ETSs, wh