The U.S. Supreme Court, in a 6-3 decision, has again stayed Occupational Safety and Health Administration’s (OSHA) attempt at enforcing its COVID-19 Vaccine and Testing Emergency Temporary Standard (ETS), which OSHA first published on November 5, 2021. This matter will now return to the U.S. Court of Appeals for the Sixth Circuit for further proceedings. But, for now, large employers across the nation are relieved of OSHA’s January 10 and February 9 compliance deadlines.

The high court determined that the applicants were likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate set forth in the ETS, concluding that the Secretary’s order for 84 million Americans to either obtain a COVID-19 vaccine or undergo weekly medical testing at their own expense was no “everyday exercise of federal power,” and instead, was a “significant encroachment into the lives—and health—of a vast number of employees.”

In finding that the Occupational Safety & Health Act did not plainly authorize the ETS, the Supreme Court determined that the standards outlined in the ETS were intended to regulate a broad public health measure, exceeding the agency’s authority to regulate workplace safety standards. The majority opinion noted that while COVID-19 was certainly present in the workplace, it was not limited to simply an occupational hazard and could also be spread in homes, schools, during sporting events, and in other places where individuals gather. As stated in the decision, “Permitting OSHA to regulate the hazards of daily life – simply because most Americans have jobs and face those same risks while on the clock – would significantly expand OSHA’s regulatory authority without clear congressional authorization.”…

Continue Reading U.S. Supreme Court Halts OSHA’s COVID-19 Vaccine and Testing Emergency Temporary Standard

The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare vaccine rule has not been enjoined by a court. Medicare or Medicaid providers or suppliers in the following states are required…

UPDATE: The U.S. Supreme Court has announced it will hold a special session on January 7, 2022 and will hear oral argument on the legal challenges to the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard as well as the regulations issued by the Centers for Medicare & Medicaid Services requiring vaccination for certain healthcare staff.  We will provide additional updates as they become available.

The U.S. Court of Appeals for the Sixth Circuit has dissolved the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).

In a 2-1 decision issued on December 17, the Sixth Circuit determined that OSHA did not exceed its authority in issuing the ETS, concluding that “[l]ongstanding precedent addressing the plain language of the ACT, OSHA’s interpretation of the statute, and examples of direct Congressional authorization following the enactment of the OSH  Act all show that OSHA’s authority includes protection against infectious diseases that present a significant risk in the workplace, without regard to exposure to that same hazard in some form outside the workplace.”

The Sixth Circuit went on to conclude that the plaintiffs could not show irreparable harm in light of COVID-19 still posing an emergency demonstrated by a recent rapid increase in COVID-19 infections and the emergence of the delta and omicron variants, and ultimately that the plaintiffs could not establish a likelihood of success on the merits warranting the Fifth Circuit’s stay.
Continue Reading Sixth Circuit Dissolves Stay of OSHA ETS Requiring Vaccination and Testing for Large Employers