Quick Facts: Supreme Court Stays OSHA ETS Vaccination and Testing Mandate for Large Employers, Reinstates Vaccine Mandate for Health Care Workers
- On January 13, 2022, the U.S. Supreme Court issued two highly anticipated rulings regarding the Biden administration’s vaccine and testing mandates.
- The Supreme Court ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS).
- The Supreme Court dissolved the temporary injunctions blocking enforcement of the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers. As a result, the emergency rule will now be reinstated and can be enforced as written.
- The rulings take effect immediately and will remain in place until legal challenges over their constitutionality are resolved through the justice system, and possibly through the Supreme Court.
OSHA ETS Vaccination and Testing Mandate Stayed
The Supreme Court ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees.
Since its release in early November 2021, the ETS has been in litigation. It was previously blocked by the 5th U.S. District Circuit Court of Appeals but was subsequently reinstated by the 6th Circuit in December 2021.