Supreme Court Decision on Vaccine Mandate Is Imminent

The U.S. Supreme Court (SCOTUS) is deliberating on whether the Occupational Safety and Health Administration (OSHA) may continue enforcing its vaccine mandate as broader challenges to its legal authority progress in the Sixth Circuit Court of Appeals. A ruling regarding the legal stay of OSHA’s COVID-19 Emergency Temporary Standard (ETS) is imminent.

On January 7, 2022, the 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. IWLA was joined in the suit by the Food Marketing Institute, the National Association of Convenience Stores, the National Retail Federation, the National Association of Wholesaler-Distributors, and the National Federation of Independent Business.

OSHA’s ETS took effect on January 10, 2022 and is “currently in effect nationwide” according to a statement by the Department of Labor. Employers with 100 or more employees are required to know their employees’ vaccination status and to enforce mask wearing for all unvaccinated employees in the workplace. OSHA announced that it will not issue citations for noncompliance with the standard’s testing requirements before February 9, 2022 so long as employers exercise reasonable, good faith efforts to comply with the ETS. OSHA will work closely with the regulated community to provide compliance assistance.

For a list of frequently asked questions and answers pertaining to the ETS, please visit OSHA’s website.

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