All ECA Members,

The United States Supreme Court issued a decision reinstituting a stay of OSHA’s ETS. Here is a link to the opinion of the Court.

It appears that the majority of the Court ruled that without a more explicit delegation of authority from Congress, OSHA can only regulate hazards that are fairly unique to the workplace, which could have broader implications for OSHA’s regulatory reach than just this COVID-19 ETS.

We wanted to very quickly let you know that the ETS seems to have been put to rest by the Supreme Court, and there are no regulatory obligations to meet pursuant to the ETS. NECA will provide a more in-depth analysis of the Court’s decision soon, not only about what it means for the ETS, but the sea change it may signal for OSHA’s regulatory authority generally. 

Please click below to review NECA’s full legal alert developed by Conn Maciel Carey LLP.

Respectfully,