The 5th Circuit Court of Appeals has issued a formal stay of OSHA’s COVID-19 Emergency Technical Standard (ETS), pending a full review by the Court. The OSHA vaccine or test mandate has faced challenges in at least a half dozen Courts. In issuing its formal stay, the Court directed OSHA to take no steps to implement or enforce the ETS until further order of the Court.
This decision has placed dealers in the unenviable position of deciding whether or not to prepare for implementation of the ETS. The ETS is on hold until further notice and no one knows what the final decision of the Court will be or how long it will take for the Court to reach a final decision. It is also possible that this and other challenges could ultimately reach the United States Supreme Court.
Dealers should consider whether to continue preparing for implementation of the ETS with their human resources professionals and/or attorneys. NJ CAR recommends that dealers should consider continuing to review the requirements set out in the ETS and evaluate what form implementation would take at their respective dealerships, in the event the ETS is ultimately upheld.
NJ CAR will continue to monitor the situation and provide advisories as the need arises. The Coalition will also continue to answer general compliance questions from dealers, however the decision on whether to take concrete steps towards compliance with the ETS must be decided with dealer’s human resources professionals and/or attorneys.