FMI Welcomes Judicial Stay on OSHA ETS  

Court’s Action Offers Opportunity to Deliberate the Merits of Mandate 

Arlington, VA – In response to the Fifth Circuit Court of Appeals’ stay on the U.S. Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) for COVID-19 vaccination and testing, FMI – The Food Industry Association President and CEO Leslie G. Sarasin issued the following statement:  

“FMI is pleased the Fifth Circuit Court of Appeals issued a stay on OSHA’s ETS for vaccination and testing. In pausing the ETS, the Court’s action today gives us additional time to seek clarity on elements of concern, including the availability of sufficient testing capacity and exemptions for workers with limited contact with others, such as truck drivers and warehouse workers. 

“FMI remains concerned with the potentially harmful impact the ETS will have on American consumers and the food supply chain if implemented, as written, during the busiest grocery shopping season of the year. 

 “FMI remains committed to working with OSHA to encourage and facilitate vaccinations, continue protecting consumers and our workers, and ensure U.S. supply chains remain up and running."