The U.S. Supreme Court stayed OSHA's Emergency Temporary Standards (ETS) requiring COVID-19 vaccination or testing for employers with 100 or more employees. This decision came amidst legal challenges questioning OSHA's authority and bypassed rulemaking procedures. Click here for article.
The Court majority found OSHA had exceeded its authority in enacting the ETS and bypassed proper rulemaking procedures.
Dissenting justices argued that OSHA had the authority to address workplace COVID-19 risks and the ETS could save lives.
The decision leaves employers in limbo regarding COVID-19 safety measures, prompting them to review their prevention plans.
Despite the stay, OSHA retains the authority to regulate specific occupational COVID-19 risks, such as healthcare workers and those in crowded environments.
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