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The OSHA ETS has been the subject of numerous legal challenges, ultimately resulting in a decision by the Supreme Court of the United States to stay enforcement of the ETS indefinitely pending adjudication of legal challenges at the Sixth Circuit Court of Appeals.
The Occupational Safety and Health Administration has withdrawn its enforcement of the Emergency Temporary Standard requiring most employers to mandate COVID-19 vaccines or tests for employees.
The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
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.
On January 13, 2022, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals. Also, on January 13, 2022, the Supreme Court allowed the CMS healthcare worker vaccine mandate to continue.