Supreme Court Stays OSHA ETS Vaccination and Testing Mandate
On Jan. 13, 2022, the final Court of the us (SCOTUS) ruled to remain the Occupational Safe practices Administration's (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement of private employers with 100 or more employees.
ETS Litigation
The ETS entered impact on and has been in litigation since Nov. 5, 2022. It had been blocked through the 5th U.S. Circuit Court of Appeals in early stages but was reinstated through the 6th Circuit on Dec. 17, 2022.
SCOTUS Reasoning
In its published decision, SCOTUS stated that OSHA wasn't because of the capacity to regulate public health more broadly than occupational dangers. Additionally, SCOTUS explained that challenges to the ETS were prone to succeed around the merits since the agency lacks the authority to impose the mandate. Specifically, the OSH Act only permits the agency to set workplace safety standards, not broad public health measures.
Finally, the court argues the requirement that employees either become vaccinated or undergo weekly tests are not an exercise of federal power. Instead, SCOTUS stated the ETS represents a “significant encroachment in to the lives-and health-of numerous employees.”
Impact on Employers
Given this new stay, employers are not required to adhere to the OSHA ETS vaccination and testing mandate at the moment. However, since the case has been sent back towards the 6th Circuit, employers will need to continue monitoring legal developments to learn about a final decision on the ETS.
From OSHA:
“We urge all employers to require workers to obtain vaccinated or tested weekly to many effectively fight this deadly virus in the workplace. Employers have the effect of the security of the workers on the job, and OSHA has comprehensive COVID-19 guidance to help them uphold their obligation.
“Regardless from the ultimate results of these proceedings, OSHA will do all things in its existing authority to hold businesses accountable for protecting workers, including underneath the Covid-19 National Emphasis Program and General Duty Clause.”
