Today, January 13, 2022, the United States Supreme Court upheld a “stay” on the Emergency Temporary Standard (ETS) that the federal Occupational Health and Safety Administration (OSHA) issued in November. That stay was put in place by the Fifth Circuit Court of Appeals immediately after the ETS issued, which meant that the ETS was not enforceable while the lawsuits were being litigated.
Last month, a different Court of Appeals, the Sixth Circuit, “lifted” the stay, which meant that the ETS was in effect and enforceable. The ruling by Supreme Court sided with the Fifth Circuit …