The U.S. Supreme Court (SCOTUS) stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS) in a consequential ruling last Thursday. Employers with 100 or more employees are no longer required to abide by the ETS as challenges to OSHA’s legal authority to promulgate the rule advance in the Sixth Circuit Court of Appeals.

On January 7, 2022, SCOTUS heard oral arguments on two legal challenges to the vaccine-or-test rule for private employers, one which was brought by IWLA and several trade associations. SCOTUS ruled in favor of the plaintiffs in National Federation of Independent Business, et al. v. Dept. of Labor, OSHA, et al., granting emergency relief from OSHA’s enforcement of the ETS. SCOTUS agreed that OSHA’s mandate likely exceeds the agency’s statutory authority.

OSHA’s ETS, which initially took effect on January 10, 2022, affected roughly 84 million workers nationwide.

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