OSHA Asks Court for Emergency Relief in Response to Stay Order of Its Emergency Standard

November 9th, 2021- OSHA has responded to a stay order issued by the 5th Circuit Court of Appeals, postponing their “Emergency Temporary Standard“(ETS). Which is the emergency standard by witch the federal government is seeking to roll out its vaccination and testing requirements nationally.

Respondent’s assert that it has “broad authority” to respond to “grave dangers” in the workplace. And seeks emergency relief allowing the standards to proceed while the Petitioner’s claims are reviewed. Citing that failing to allow the ETS to continue to rollout immediately could cost “dozens or even hundreds of lives per day”. Ending the 22-page response concluding that the Petitioners’ motions should be denied.

The challenges to the ETS were filled by a group of businesses and states; in at least 2 different petitions. The 2 petitions have since been joined.