{"id":7596,"date":"2022-01-14T14:08:07","date_gmt":"2022-01-14T19:08:07","guid":{"rendered":"https:\/\/env-8605394.mightybox.site\/?post_type=news&p=7596"},"modified":"2024-10-04T02:25:51","modified_gmt":"2024-10-04T06:25:51","slug":"supreme-court-stays-osha-ets-vaccination-and-testing-mandate","status":"publish","type":"news","link":"https:\/\/techservealliance.org\/news\/supreme-court-stays-osha-ets-vaccination-and-testing-mandate\/","title":{"rendered":"Supreme Court Stays OSHA ETS Vaccination and Testing Mandate"},"content":{"rendered":"\n

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled<\/a> to stay the Occupational Safety and Health Administration\u2019s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccinate or test policy requirement for private employers with 100 or more employees.<\/p>\n\n\n\n

ETS Litigation<\/strong><\/h2>\n\n\n\n

The ETS went into effect on and has been in litigation since Nov. 5, 2021. It was blocked by the 5th U.S. Circuit Court of Appeals on November 6 but was reinstated by the 6th Circuit on Dec. 17, 2021.<\/p>\n\n\n\n

SCOTUS Reasoning<\/strong><\/h3>\n\n\n\n

In its published 6-3 decision, SCOTUS stated that OSHA was not given the power to regulate public health more broadly than occupational dangers. In addition, SCOTUS explained that challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. Specifically, the OSH Act only allows the agency to set workplace safety standards, not broad public health measures.<\/p>\n\n\n\n

Finally, the court argues that the requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power. Instead, SCOTUS stated the ETS represents a \u201csignificant encroachment into the lives\u2014and health\u2014of a vast number of employees.\u201d<\/p>\n\n\n\n

Impact on Employers<\/strong><\/h3>\n\n\n\n

Given this new stay, at this time employers are not required to comply with the OSHA ETS vaccinate or test mandate. However, because the case has been sent back to the 6th Circuit for consideration on the merits, employers will need to continue monitoring legal developments to learn about a final decision on the ETS.<\/p>\n\n\n\n

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Important Dates<\/strong><\/p>\n\n\n\n