Supreme Court Blocks OSHA Covid-19 Emergency Temporary Standards

At the end of 2021, it was announced that the U.S. Court of Appeals had dissolved the concerns holding up the Emergency Temporary Standard (ETS) and the Occupational Safety and Health Administration (OSHA) had been given the green light to move forward with the Covid-19 Vaccination and Testing Emergency Temporary Standard.

However, the Supreme Court issued a reprieve blocking OSHA’s ETS requiring employers with 100+ to establish a Covid-19 program mandating employee vaccination and testing. The Supreme Court did proceed, however, allowing the Centers for Medicare & Medicaid Services’ (CMS) to mandate a vaccination policy for applicable health care workers moving forward.

This decision does not exclude states from creating their own workplace vaccination requirements that would apply to employers in that given state. The decision also does not bar employers from implementing their own vaccine mandate initiatives.

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