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As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Last week, the...
The Supreme Court issued a Stay on the implementation of the OSHA ETS requiring private-sector employers with 100 or more employees to implement a COVID-19 policy under which employees were to either be vaccinated, or undergo weekly COVID-19 testing and wear a face covering.
The Supreme Court held that, while OSHA has the authority to regulate occupational dangers, it does not have authority to regulate public health. The Supreme Court held that, while COVID-19 might be present in workplaces, it is not necessarily an occupational hazard in most.
Health care employers covered by the CMS Rule must now implement mandatory vaccination policies and related rules by the modified enforcement deadlines set by CMS.
In a 6–3 decision, the Supreme Court blocked the OSHA ETS from going into effect, while in a 5–4 decision it allowed the CMS mandate to go into effect in 24 states where a stay had been imposed.