Supreme Court Stays OSHA Vaccine Rule

The United States Supreme Court blocked the Biden administration from implementing and enforcing its OSHA vaccine-or-test requirements for large, private companies, see here.

In a 6-3 majority opinion, the Court found that the parties challenging the OSHA ETS were likely to succeed on the merits of their claim because OSHA’s action exceeded its authority under the law to regulate only workplace health and safety, and not broad public health measures.  As such, the Court issued a stay on implementation of the rule.  The ruling leaves employers subject to a patchwork of state regulations that seek to minimize the spread of COVID at the workplace.  The ruling does not prohibit employers from voluntarily taking COVID-related action that otherwise complies with existing laws.     

In a separate ruling, the Supreme Court (in a 5-4 majority opinion) allowed similar requirements to stand for medical facilities that take Medicare or Medicaid payments, see here. 

Please contact our Williams Mullen employment attorneys for additional guidance on this update or further information on related federal and state regulations.