Employee Benefit News for School, City and County Employers

Supreme Court Stays OSHA’s ETS

Written by Scott Fritz | Jan 21, 2022 8:36:11 PM

1 minute read

On January 13, 2022, The U.S. Supreme Court ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). It has been back and forth in litigation since November 5, 2021.

The Supreme Court stated that OSHA wasn’t given the power to regulate public health more broadly than occupational dangers. The ETS represents a “significant encroachment into the lives – and health – of a vast number of employees.”

With the stay, employers with 100 or more employees are not required to comply with the ETS at this time. Since the case has been sent back to the 6th Circuit, employers will need to continue to monitor the legal developments as they change.

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This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.