That confusion, however, may be addressed soon. Understandably, the disconnect between the White House and the Fifth Circuit has caused confusion amongst private employers. In between the Fifth Circuit’s two decisions, the White House advised employers to comply with the ETS. Following the arguments from various parties, the Fifth Circuit issued a “permanent” injunction, blocking OSHA from implementing and enforcing the ETS. On November 6, 2021, the Fifth Circuit halted the rule, issuing a temporary injunction. On November 5, 2021, several states filed emergency lawsuits in various courts, including the United States Court of Appeals for the Fifth Circuit, to invalidate the ETS. Presently, there is no definitive answer, but tomorrow we will be one step closer. Should we enact the written vaccine policies required in the emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration? The Fifth Circuit has said no, but the White House has said yes. ![]() Many employers are asking the same question:
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