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‹ Back to Resources

Court Issues Stay on OSHA’s COVID-19 Vaccine Standard

November 8, 2021 at 11:00 AM
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On Saturday, November 6, 2021, the United States Court of Appeals for the Fifth Circuit issued a stay for OSHA’s COVID-19 vaccine standard published on Friday, November 5. The court has given the administration until 5:00 pm Monday, November 8 to respond to the request for a permanent injunction against the rule. Similar lawsuits have been filed in other districts. This puts a pause on the administration’s plan requiring employers to mandate the COVID-19 vaccine or weekly testing.

While courts have upheld an individual employer’s right to mandate a vaccine as a condition of employment, this is the first time the federal government has ordered employers to mandate the vaccine. Additionally, attorneys argue OSHA has the authority to regulate hazards limited to workplaces. COVID-19 is a generalized threat that can be encountered anywhere, not just the workplace.

The administration appears to be unfazed by these court challenges. On Friday, it asked OSHA to open a 30-day comment period with the intent of expanding the vaccine mandate to all employers, including those with fewer than 100 employees. Horton will continue to monitor this situation and update you as these legal challenges proceed.


Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your needs.

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Gary Glader, CSP


Practice Group Leader - Safety
Email / Bio / (708) 845-3662

Gary Glader oversees a team of safety professionals dedicated to developing, implementing and managing effective safety and risk management programs. As a Certified Safety Professional, Gary consults with clients interested in reducing the frequency and severity of incidents and injuries to help drive down risk and cost of insurance. Gary also provides clients with OSHA and other regulatory body compliance assistance.

Since 1980, Gary has built relationships with many clients, their supervisors, and employees. These relationships, coupled with Gary’s extensive experience, offer strategic advantages to his clients in keeping employees safe, driving down costs, and ensuring compliance with regulatory requirements.


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