FOS’s January 14, 2022 Client Alert described the U.S. Supreme Court’s January 13, 2022 reinstatement of the stay against the Occupational, Safety and Health Administration’s (OSHA) enforcement of its Emergency Temporary Standard (ETS) mandating COVID-19 vaccinations or testing in businesses with 100 or more employees. The Supreme Court held that the ETS exceeded OSHA’s statutory delegation of authority from Congress.
In response to the opinion, and as suggested by FOS in its prior client alert, OSHA has announced that it is withdrawing the ETS. Therefore, covered employers are not required to have vaccine/testing requirements.
Private employers of any size remain free to impose their own vaccine/testing requirements on their employees.
FOS will continue to monitor legal issues related to the pandemic. FOS’s News and Views contains all the firm’s alerts and other posts regarding legal issues, including those relating to the COVID-19 pandemic. If you have any questions or comments regarding OSHA’s action or any other legal issue, contact your FOS attorney.