On January 13, 2022, the U.S. Supreme Court granted an emergency stay of the Occupational Health and Safety Administration’s (OSHA) Emergency Temporary Standard (ETS), holding that the parties challenging the ETS are likely to succeed on their argument
The Supreme Court’s order staying the vax-or-test ETS means that employers no longer have to adopt the vax-or-test requirement at this time. The stay will remain in effect until the Sixth Circuit hears the challenges to the ETS on their merits, following which the case will likely return...
On January 25, 2022, the Occupational Safety and Health Administration (OSHA)announcedits withdrawal of the Vaccination and Testing Emergency Temporary Standard (ETS) following the Supreme Court’s January 13, 2022 decision. The withdrawal took effect immediately, meaning employers no longer have to w...
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3 SCOTUS decision means you no longer have to follow the January ...
On January 13, the Supreme Court re-instituted the stay of the ETS. The Court stated that OSHA is empowered to set “workplace safety standards, not broad public health measures,” and that COVID-19 did not qualify as a “work-related danger” which could be regulated by OSHA. The Cour...
UPDATE:OSHA has asked that the ETS litigation (NFIB v. U.S. Department of Labor) bedismissed, telling the U.S. Court of Appeals for theSixth Circuitthat the case is moot now that OSHA has withdrawn the ETS. The Supreme Court had sent the litigation back to the Sixth Circuit after it...
ultimately resulting in adecision by the Supreme Court of the United States to stay enforcement of the ETSindefinitely pending adjudication of legal challenges at the Sixth Circuit Court of Appeals. OSHA’s withdrawal effectively renders the ETS vaccination and testing requirements moot for employers wi...
Supreme Court in an attempt to overturn the Sixth Circuit’s decision. Just days before many are headed off for a holiday break, employers are once again wondering – what now? What about the ETS compliance deadlines? The U.S. Department of Labor (DOL) issued a statement on Saturday, ...
In an unprecedented move, the U.S. Supreme Court held a hearing today on the consolidated cases challenging OSHA’s Emergency Temporary Standard ETS, which requires l
Current Status of ETS and Employer Recommendations What’s the status of the ETS?(Answer updated on 1/13/22) The Supreme Court blocked OSHA’s vaccine ETS from being enforced for the foreseeable future with a 6-to-3 SCOTUS decision issued on January 13, 2022. Technically, the Court didn’...