Legal Updates, Grant Deadline, Ecolab Now Silver Sponsor
Wednesday, November 10, 2021
Federal ETS/Testing Mandate Updates - Legal Challenges, Public Input 
Below are the latest updates regarding OSHA’s ETS for COVID-19 in the workplace from the National Restaurant Association.
Opportunity for Public Input - Regulatory Comments
The ETS is effective for 6 months. During that time, OSHA is required to engage in a public rulemaking process that allows for input from the regulated community. Following this process, OSHA may finalize the ETS as a permanent standard, with or without modification, or rescind the rule. OSHA has only allowed for a short period of time (30 days) to submit public comments. Given the magnitude of the rule, the Association wrote a letter yesterday to OSHA Assistant Administrator Doug Parker requesting a 60 day extension of time to file regulatory comments. See attached letter. The Association is planning to file comments and we welcome your continuing input.
Multiple Legal Challenges - What Happens Next?
The future of the ETS remains uncertain due to pending legal challenges and it will likely take several more weeks until the final judicial decision is known. The Association, therefore, recommends that restaurant and foodservice employers continue preparing for the ETS to take effect but wait to implement the ETS until the final judicial outcome is certain. We are closely tracking the litigation and will keep you fully updated
As you know, a stay halting the ETS was recently granted by the 5th Circuit citing “grave statutory and constitutional issues.” The court is planning to quickly consider whether to issue an injunction.
Similar cases have been filed. To date, petitions for review have been filed in the 5th, 6th, 7th, 8th, 11th, and the D.C. Circuits. Others will soon be filed. We can, therefore, expect to see more rulings, which may follow the 5th Circuit and block the ETS or may side with the DOL and find that the ETS is legally sound.
Because multiple petitions for review have been filed in multiple circuits with more to come and various legal rulings are expected, the Multidistrict litigation rules call for consolidation of all the petitions in one circuit after a 10-day period following publication of the ETS. Early next week (tentatively November 16), the Judicial Panel in Multidistrict Litigation will do a lottery, which is a random drawing to decide which circuit court will hear and decide the various legal challenges to the ETS. By rule, an entry for each circuit court where challenges have been filed is put into a drum and from that drum, one circuit court is selected. All legal challenges are then transferred to that circuit court, consolidated, and decided by the one circuit court.
By early next week, based on the lottery selection, we should know more about the fate of the ETS. It is too soon to tell whether or when the Supreme Court will be involved. So for now, our focus is on the 5th Circuit next steps and the multidistrict lottery.
Compliance Deadlines
December 5 – Unvaccinated workers will need to adhere to the masking requirements in the workplace. Employers will need to provide up to 4 hours of paid leave for workers to get vaccine shots, and also provide additional leave for workers who need to recover from side effects.
January 4 – Employers will need to have workers fully vaccinated.
January 5 - For workers who are not vaccinated, the testing requirement begins. Prior to that date, unvaccinated workers do not need to be tested.
National Restaurant Association Webinar On Demand
On Monday, November 8, we did a webinar with legal experts from Littler Mendelson that covered all aspects of the ETS including subtle nuances about the rule. If you missed the webinar, you can access recorded version with this link.
Resources and Information Links
Ecolab Now IRA Silver Corporate Sponsor 
The IRA is proud to welcome Ecolab as our newest Silver Corporate Sponsor of the Association.
Ecolab is a longtime IRA member and trusted partner that can help deliver what you need to help protect the health and safety of your operation, including industry products as well as comprehensive, innovative programs. Working with your team, Ecolab helps drive compliance and performance. Their proven, science-based expertise guides you on products and processes whenever you need it. With Ecolab, you have the resources and confidence to help provide cleaner, healthier environments for all areas of your restaurant operations: back of house, front of house and ghost kitchens.
Click here to learn more about Ecolab. Contact IRA Advisory Council member Adam Barrons with any questions. Expanded Eligibility for IRAEF Employee Relief Fund - Share with Your Network! 
The IRAEF Employee Relief Fund has recently expanded its mission to offer emergency assistance to any Illinois food and beverage worker facing an unanticipated hardship within the past 90 days such as: accident, illness, injury, death of an immediate family member, or natural disaster.
Grants cover costs of living expenses for life-altering events, and range from $250-$1500.
If you or someone you know is in need of financial help, we encourage you to apply today. Contact IRAEF Executive Director Kristen Hodges for more information. Friday Deadline for Chi Biz Strong and Outdoor Dining Grant Applications The final day to apply for the city of Chicago's Chi Biz Strong and Outdoor Dining grants is this Friday, November 12. Eligible businesses with under $3M in revenue can apply for grants of up to $10,000. Click here to review the qualifications, FAQs, and more. IRA Committee Sign Up for 2022 Would you like to be more involved in the Association? Serving on an IRA committee is an excellent way for members to actively contribute to our year-round events, advocacy, training programs, and membership efforts. We're looking for volunteers for the Chef's Table, Education, Golf Classic, Government Relations, and Membership Committees in 2022.
Click here to sign up. Nominate Your Colleagues Today for IRA Industry Awards Now is the time to honor a fellow IRA member that goes above and beyond for the community, their employees, and the industry. Nominate your peers for the 2021 IRA Industry Awards today.
The Sara Rowe ProStart® Company of the Year, Vendor of the Year, and Restaurateur of the Year award winners will be announced at the IRA Annual Meeting held in early 2022.
Please take one moment to nominate your peers for these prestigious honors. Click here to submit nominations by Monday, November 15. Quick Survey on Sanitation Manager Training The IRA is currently reviewing our sanitation certification class offerings and how we reach industry professionals to provide training.
Please take one minute to complete our survey for restaurant and hospitality owners, operators, and employees.
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