Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing Mandate
January 13, 2022
The Supreme Court today ordered a stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court held that Congress had not given OSHA authority to issue such a sweeping regulation addressing a public health concern that was not an occupation-specific risk. The stay will remain in place pending disposition of the challenge to the ETS on the merits in the United States Court of Appeals for the Sixth Circuit and any potential appeal of that disposition to the Supreme Court. The ETS is unlikely to be reinstated. Consequently, OSHA’s recent ETS guidance particularly as applied to certain segments but not all of trucking is no longer of relevance.