The Occupational Safety and Health Administration (OSHA) published the COVID-19 Vaccine and Testing Emergency Temporary Standard (ETS) in November 2021. The ETS was originally put into place to require a vaccine mandate or weekly testing for all employers with 100 or more employees by January 10, 2022. Since the original publication, the ETS has brought controversy as to whether OSHA has the authority to implement such a standard.
On January 13, 2022, the Supreme Court of the United States (SCOTUS) ruled 6-3 to block the enforcement of the ETS for COVID-19; meaning, employers with more than 100 employees have no mandated requirement to ensure their employees be fully vaccinated or submit to weekly COVID-19 testing until next steps are provided by the courts. Employers continue to have the right to develop and implement their own policies governing employee vaccination and masking, so long as those policies comply with relevant federal and state laws. We will continue to monitor this situation as it develops.
Employers Next Steps
- Employers should continue familiarizing themselves with any COVID-19 vaccine or testing mandates within the cities, counties, and states they do business in.
- Employers are not required to take further action to implement the OSHA ETS for COVID-19 Vaccines and Testing.
- With the everchanging landscape of the ETS, employers should be vigilant of any forthcoming updates regarding the ETS.
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