Supreme Court and COVID Mandates
The Supreme Court of the United Sates (SCOTUS) ruled on January 13, 2022 to stay the OSHA vaccination and testing emergency temporary standard (ETS).
What does this mean to employers? At least for now, employers are not required to comply with OSHA’s ETS. However, it should be noted the case has been sent back to the 6th Circuit. Employers will need to continue to monitor the legal decision and determine legal developments.
The Supreme Court’s Decision The SCOTUS decision explains that:
- OSHA was not given the power to regulate public health more broadly than occupational dangers.
- Challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. The OSH Act only allows the agency to set workplace safety standards, not broad public health measures.
- The requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power.
- The ETS represents a “significant encroachment into the lives—and health— of a vast number of employees.”
Employer Takeaways Here’s what the latest SCOTUS decision means for private employers:
Concerned about your COVID program and coverage, contact your Innovise Risk Control Team