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1 1 (November 15, 2021)

handle is hein.crs/goveeva0001 and id is 1 raw text is: S Congressional ______ *.Research Service Fifth Circuit Stays OSHA Vaccination and Testing Standard November 15, 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, and Ninth Circuits, with petitions filed by labor organizations in the latter four circuits. The Fifth Circuit's stay applies nationally as the court considers whether to enjoin the ETS permanently. This Legal Sidebar reviews OSHA's authority to issue ETSs, what is required by the agency's COVID-19 vaccination and testing standard, and the court's holding in BST Holdings, L.L.C. et al. v. OSHA. Background Congress enacted the Occupational Safety and Health Act (OSH Act) in 1970 to assure so far as possible every working man and woman in the Nation safe and healthful working conditions. The law seeks to reduce the frequency and severity of work-related injuries and illnesses by promoting a comprehensive, nationwide approach to workplace safety, and authorizes the Secretary of Labor to promulgate occupational safety and health standards to protect workers. The Secretary has delegated this authority to the Assistant Secretary of Labor for Occupational Safety and Health, who acts as OSHA's administrator. OSHA conducts workplace inspections and investigations to ensure compliance with its standards, and may issue citations and penalties for noncomplying employers. While OSHA's safety and health standards generally do not become effective until the agency publishes a proposed standard in the Federal Register and offers interested parties an opportunity to comment on the standard, the OSH Act authorizes OSHA to promulgate emergency standards that have immediate effect when specified conditions exist. Specifically, section 6(c)(1) of the OSH Act, codified at 29 U.S.C. § 655(c)(1), authorizes OSHA to issue an ETS that takes effect upon publication in the Federal Register if the agency determines that employees are exposed to grave danger from exposure to substances or Congressional Research Service https://crsreports.congress.gov LSB10658 CRS Legal Sidebar Prepared for Members and Committees of Congress

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