Supreme Court Stays OSHA Vaccine-or-Test ETS for Large Employers

Dear Members,

This afternoon, the U.S. Supreme Court issued a ruling that prevents OSHA from implementing its COVID-19 vaccination or testing Emergency Temporary Standard (ETS) for large employers (more than 100 employees).

Although the decision technically sends the ETS case back to the Sixth Circuit Court of Appeals, many court observers do not expect the ETS to be implemented before it expires in May. In the words of our partner the Illinois Manufacturers Association: "This rule is effectively dead."

Please note that this decision does not change any state or local regulations. Twenty-two states have in place State Plans, aka "OSHA-approved workplace safety and health programs," which do not change under the decision.

Also, if you have implemented your own company vaccination policy, this decision does not affect it. Refer to this state-by-state map with requirements and prohibitions for private employers who want to implement vaccine mandates.

We are sharing with you some educational articles with legal and HR insight to help you going forward:

Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard by GLGA member Ogletree Deakins
Supreme Court Ruling Puts HR Back in Charge of Vaccine Mandates by Human Resource Executive.com
Supreme Court Strikes Down OSHA’s Vaccine ETS: An Employer’s 6-Step Priority List by Fisher Phillips

GLGA continues to maintain a COVID Resources Center on our website. If you are looking for news, sample policies, forms or other resources, please click here for links and downloads.

Regards,

Sharon