Three different federal COVID-19 vaccination mandates issued under the Biden administration continue to be challenged in the courts. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

OSHA COVID-19 Vaccination and Testing ETS听听听听听听听听听听听听听听听听听听听听听听听

On Dec. 17,听听of the U.S. Department of Labor鈥檚 OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

听filed an emergency appeal with the Supreme Court on Dec. 20, one of several filed by other groups. The Supreme Court has agreed to hold oral argument on the OSHA ETS on Jan. 7.

OSHA has听听a delayed restart of the ETS enforcement until听Jan. 10, and will not issue citations for noncompliance with the standard鈥檚 testing requirements before听Feb. 9, 鈥渟o long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.鈥�

Because the stay has been lifted, it is recommended that covered employers do the following:

• Continue to monitor legal developments in听Newsline听and the听Beltway Blueprint.
• Plan for the possibility of a COVID-19 vaccination and testing mandate.
• Review your vaccination and testing policies. If you currently don鈥檛 have policies, consider adopting them. Policy templates are available on the听
• Collect employees鈥� vaccination status and prepare to comply with OSHA鈥檚 ETS recordkeeping requirements.
• See听, which include听听and听.
• Watch OSHA鈥檚 December 2021听听() on the ETS.
• Prepare for logistical challenges of testing.
• Encourage employees to get vaccinated.
• See ABC鈥檚 COVID-19 vaccination听toolkit.
• Follow all safety protocols as required by court-approved federal, state and local governments.

With the revised Jan. 10 and Feb. 9 deadlines in view, contractors may want to undertake more concrete compliance actions. Each company鈥檚 circumstances may vary. It is anticipated the Supreme Court will rule soon after the Jan. 7 oral argument is held, bringing greater clarity to the situation.

CMS COVID-19 Vaccination Mandate for Health Care Staff (and Contractors)听听听听

The CMS vaccination mandate applies to a wide range of people working at health care facilities, including employees, trainees, students, volunteers or听contractors who provide any care, treatment, or听other听services for the facility. The CMS vaccination mandate is currently enjoined in a number of states but not nationwide. The Supreme Court has agreed to hold oral argument on the CMS vaccination mandate on Jan. 7.

On Dec. 15, the Court of Appeals for the 5th, 8th, and 11th Circuits and District Court for the Northern District of Texas preliminarily enjoined the CMS vaccination mandate in the following 25 states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming. Medicare and Medicaid-certified providers and suppliers in those states are not required to comply with the Interim Final Rule, and surveyors will not investigate compliance with the rule in facilities located in those states, pending future developments in the litigation.

According to the , 鈥淚n the other 25 states, the District of Columbia, and the territories, as an exercise of enforcement discretion, the rule will be implemented and enforced on the following modified timeline: the deadline for Phase 1 implementation is January 27 and the deadline for Phase 2 implementation is February 28.鈥�

Refer to the for further details.

Federal Contractor COVID-19 Vaccination Mandate

On Dec. 17, the 11th Circuit kept in place the Georgia court鈥檚 nationwide injunction against the federal contractor vaccination mandate. The appeals court has set an oral argument for April, but, for now, the federal contractor mandate remains blocked.

On Dec. 7, a Georgia federal judge granted ABC鈥檚听听and issued a听against the federal contractor COVID-19 vaccination mandate.听makes it clear that ABC鈥檚 participation in the case was essential to getting nationwide relief, which would otherwise have been limited to the states who sued. This was a big win for ABC, the only private business group that joined the states in suing over this mandate.听

On Nov. 30, the Kentucky district court preliminarily enjoined the federal contractor vaccination mandate, but only for three states鈥擪entucky, Ohio and Tennessee. This injunction was by the appeals court for the 6th Circuit听on Jan. 5, again rejecting the Biden administration鈥檚 efforts to implement the vaccination mandate without delay.

As a result of the legal challenges against the federal contractor COVID-19 vaccination mandate, the听, which provides the guidance implementing the federal contractor vaccination mandate, provided an听听on Dec. 9, indicating it would take no action to enforce the requirements of Executive Order 14042 pending the outcome of appeals.

老牛影视members should continue to monitor these developments in Newsline and the听Beltway Blueprint.