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On Jan. 13, 2022, the Supreme Court issued an order blocking enforcement of the OSHA Emergency Temporary Standard requiring employers of 100+ employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly
The Supreme Court issued an opinion staying implementation of OSHA's ETS. The OSHA ETS imposed minimum requirements for private employers with 100 or more employees. The Supreme Court also ruled that CMS' vaccine mandate for certain healthcare workers would remain in place.
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.
On January 13, 2022, the Supreme Court of the United States blocked enforcement of the OSHA Vaccination and Testing Emergency Temporary Standard (“ETS”). The stay prevents OSHA from enforcing the ETS while challenges to the regulations are litigated in the Sixth Circuit.
Although many had anticipated that the U.S. Supreme Court might rule on the legality of the OSHA ETS prior to today, the Court’s failure to do so means that covered employers should be prepared to comply.