The United State Court of Appeals for the Sixth Circuit denied en banc review in the OSHA vaccine mandate consolidated cases. An en banc session is a session in which a case is heard before all the judges of a court rather than by a smaller panel of judges.

As a result of this decision, the current three-member panel reviewing the case will decide whether to continue the ETS stay issued by the Fifth Circuit. That ruling could come at any time.

While the ultimate legal future of the ETS still remains unknown, covered employers should continue preparing for the ETS as if it is going to take effect while the litigation situation plays out.

To begin the compliance process, employers should take two steps now.

1. Begin to build out their rosters detailing which employees are vaccinated and which are unvaccinated.

2. Decide if the company policy will be full vaccination for all members or allow unvaccinated employees to test weekly and wear a mask.