MACS Daily Digest

OSHA ETS on Vaccination & Testing

posted in: Uncategorized

Just a quick recap of where things stand with the OSHA ETS on vaccination and testing. Almost immediately after the ETS was published on November 5, 2021, legal challenges were filed across the country in nearly every circuit of the US Court of Appeals. It was the Fifth Circuit that issued a temporary stay of the ETS, and then subsequently made the stay permanent pending judicial review last Friday, November 12, 2021. The next step is that all of these legal cases will be consolidated into a single matter and heard before one of the circuits. The circuit that will hear the full case will be chosen via lottery by November 16, 2021. Many legal experts fully expect the case to reach the Supreme Court. See timeline below.

MACS had planned to do a member webinar on the ETS’ requirements. However, in light of the permanent stay and pending judicial review, we have decided to issue our own stay pending the outcome of the litigation.J

Please feel free to reach out with any questions at all.


  • November 5, 2021: ETS published
  • November 6, 2021: US Court of Appeals for the 5th Circuit grants temporary stay
  • November 12, 2021: Fifth Circuit extends the temporary stay pending further judicial review.
  • By November 16, 2021: the various ETS legal challenges will be consolidated into a single matter and heard before one of the circuits (which will be chosen via lottery).
  • Next Stop: Supreme Court?