U.S. Supreme Court Blocks Enforcement of OSHA’s COVID-19 Vaccine or Test Mandate

On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety & Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring private employers with a total of at least 100 employees to mandate vaccination or weekly COVID-19 testing for on-site employees.  The U.S. Supreme Court decision blocks the OSHA ETS pending review by the U.S. Court of Appeals for the Sixth Circuit.

The decision prevents OSHA from enforcing the ETS until the U.S. Court of Appeals for the Sixth Circuit renders a decision on the merits of the case.  The stay will remain in effect until the U.S. Supreme Court issues a judgment on the merits of the case or declines to hear argument of the case.

What should employers covered by the OSHA ETS do?
While employers with a total of at least 100 employees are no longer required to comply with the OSHA ETS deadlines, you can voluntarily maintain your COVID-19 policy provided it does not violate state or local laws.

The U.S. Supreme Court decision can be viewed here.