Writing is on the wall for OSHA’s vaccine mandate

After the U.S. Supreme Court recently blocked the Occupational Safety and Health Administration (OSHA) from implementing a COVID-19 vaccine and testing mandate for large businesses, the matter went back to the Cincinnati-based U.S. 6th Circuit Court of Appeals to reach a decision on the merits. The high court’s stay (or hold) will remain in place until the lower court rules on the case. Although OSHA’s emergency temporary standard (ETS) went into effect on January 10, employers may now stop complying with it until the 6th Circuit issues its final ruling.

How we got here

In November 2021, OSHA published the ETS, which would obligate employers with at least 100 employees to require their workforce to (1) receive a COVID-19 vaccine or (2) obtain a weekly test and wear a face covering. Employers that don’t comply would face citations with penalties. The mandate would affect roughly 84 million U.S. workers.

A group of states, businesses, and nonprofit organization asked the Supreme Court to grant emergency relief from OSHA’s mandate, arguing the agency didn’t have the legal authority to adopt and enforce it. The Court heard arguments in the case in an expedited session on January 7.

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