By Attorneys Aaron Hilligas, Ann Smisek and Elizabeth Heffernan
On Friday, November 12, 2021, the panel for the United States Court of Appeals for the 5th Circuit issued a decision temporarily halting enforcement of the OSHA Emergency Temporary Standard (“ETS”) pending adequate judicial review. This decision further ordered that OSHA not take steps to implement or enforce the ETS until further court order.
This additional mandate appears to apply nationwide, which would mean the timelines laid out in the rule are not currently being enforced. Yet, there still remains some uncertainty as to the scope of the Court’s order. Briefing for the 5th Circuit is due Tuesday afternoon, with another decision anticipated in the coming days. There is also pending litigation in other Circuits and we expect an assignment consolidating those cases into a single proceeding before a selected Circuit court on Tuesday, November 16th.
We will continue to monitor the progress of this rule and provide updates. While the stay is pending you may continue to develop policies to be implemented if the stay is lifted and the ETS is enforced. We would recommend waiting to adopt those policies until further information is available. We cannot anticipate whether the deadlines for compliance will be adjusted if the stay is lifted. For Iowa school districts, the Iowa Association of School Boards has provided a general FAQ and sample policies for additional information which can be accessed via IASB member log-in.
Please contact a member of the Ahlers & Cooney Employment Law team for any questions or additional guidance.
About Ahlers & Cooney's Client Alerts
Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com. ©2021 Ahlers & Cooney, P.C. All Rights Reserved.
NOTICE TO THE PUBLIC
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
Van Heukelem, Miriam