Challenges to the ETS are pending in numerous circuit courts around the country. The judicial panel on multidistrict litigation must, by statute, randomly select one circuit court to hear the petitions challenging the ETS.
Unless the judicial panel on multidistrict litigation randomly selects the Fifth Circuit to hear the litigation related to the ETS, the Fifth Circuit's ruling may be reconsidered by the circuit court ultimately selected to review the ETS.
The litigation regarding OSHA's large-employer vaccination ETS does not impact OSHA's vaccination requirements for federal contractors or its ETS covering healthcare workers. It also does not impact the vaccination requirement issued by the Centers for Medicare and Medicaid Services (CMS) for medical staff at facilities that participate in the Medicare and Medicaid programs.
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