OSHA COVID-19 Emergency Temporary Standard- New Litigation Filed

As previously reported, 26 states (and numerous individuals, business and trade groups) have filed four separate petitions challenging the OSHA COVID-19 Emergency Temporary Standard in different federal appellate courts. Today litigation was filed in two new circuits. Effectively, the ETS is now being challenged in 12 separate litigations pending in six separate circuits. The Judicial Panel on Multidistrict Litigation has announced the consolidation lottery selecting where all challenges will be heard will occur on November 16. It is also anticipated that the 5^th Circuit will take further action on the temporary stay before November 12. Any issues regarding the stay may be reviewed further after the lottery and consolidation of cases.

Leech Tishman will keep you updated as matters progress.

Employers with questions related to COVID-19 and the workplace following the ETS, or other questions related to employment law, should contact Philip Toomey.

Philip Toomey is Chair of the firm’s national Employment & Labor Practice Group, where he also leads the Public Sector Employment Group. He can be reached at 424.738.4400 or ptoomey@leechtishman.com.