On Friday night, a three-judge panel extended the stay of the Covid Emergency Temporary Standard (ETS). The next step will be for the courts to consolidate all the different suits that have been filed all over the country, and decide which court will hear all of the consolidated cases. If the cases are consolidated into a court that disagrees with the stay, then the stay could be lifted as early as next week, or if the court agrees with the stay, then the ETS would not go into effect until the cases are ultimately settled.
This entire issue is moving quickly. TCGA, NCGA, and all the other Regional Associations are following this issue closely. The associations are supporting the efforts of the Coalition for Workplace Safety (CWS), and much of the information we are receiving comes from this group, or from the Fisher Phillips law firm.
Thing have definitely gone our way so far in the 5th circuit, and we are hopeful that the stay will remain in place. Keep in mind, however, that these stays can be lifted as quickly as they can the extended, and be sure you are ready with a backup plan in the event that the standard is allowed to go into effect. We will keep you informed as the ETS litigation moves forward.
