High court blocks OSHA vax-or-test mandate, but CMS rule survives

The U.S. Supreme Court recently blocked the Occupational Safety and Health Administration (OSHA) from implementing an emergency temporary standard (ETS) for private employers with at least 100 employees. The ETS would have obligated the companies to issue a written policy requiring employees be fully vaccinated for COVID-19 or undergo weekly testing. Several business groups and states challenged the standard.

COVID-19 ‘not an occupational hazard’

The Supreme Court issued a stay (or hold) on the OSHA ETS because it felt the agency had exceeded its authority by issuing the mandate. The majority explained COVID-19 was not an “occupational” hazard that the agency was authorized to address because it spreads at home, school, and everywhere else. Thus, the Court stated:

Permitting OSHA to regulate hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand [the agency’s] regulatory authority without clear congressional authorization.

Although the Court technically only “stayed” the implementation of the OSHA ETS while the case proceeds in the lower court, the ruling likely means the mandate will never take effect. For now, employers need not comply with the rule requiring vaccination or testing.