Supreme Court Blocks OSHA’s Vaccination Policy

By Evelyn Witterholt, RCS Reporter  

Learn about the recent changes to the Occupational Safety and Health Administration’s emergency temporary standard for vaccine mandates in the workplace. 

In November 2021, the Occupational Safety and Health Administration (OSHA) announced it would enact an emergency temporary standard (ETS) for employers to mandate the COVID-19 vaccine. The ETS required employers with 100 or more employees to implement a mandatory COVID-19 vaccine policy or a weekly testing and mask policy.  

However, as of January 13, 2022, the U.S. Supreme Court decided to temporarily block OSHA from enforcing the ETS. According to the Associated Press, “The court’s conservative majority concluded the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration’s vaccine-or-test rule on U.S. businesses with at least 100 employees.” OSHA still requires a mandate for most health care workers. 

The decision was made with six of the justices in the majority and three dissenting. A copy of the Supreme Court’s decision can be found here. 

As for the future of the ruling on the ETS, a few trade associations have made statements: 

The Colorado Roofing Association stated, “The stay will be in place pending the final disposition of the case by the Sixth Circuit Court of Appeals and disposition of any further appeal of the Sixth Circuit’s forthcoming decision to the Supreme Court.”  

The National Roofing Contractors Association released a statement saying, “It is NRCA’s understanding the litigation will go back to the full 6th Circuit Court of Appeals, which will proceed with further consideration of the lawsuit and provide a ruling on whether the ETS will be allowed to proceed or be struck down permanently. Timing on when such a decision might happen is unclear.” 

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