Supreme Court Says NO To 100+ OSHA Vax Or Test Rule, But Oks Vaccine Requirements For Healthcare Workers – Employment and HR

On January 13, 2022, the U.S. Supreme Court blocked the
enforcement of the OSHA Emergency Temporary Standard
(“ETS”) that would have required employees of employers
with at least 100 employees to be vaccinated against COVID-19 or
undergo weekly testing.  The Court held that OSHA had exceeded
its authority. The Court stated that “[a]lthough Congress has
indisputably given OSHA the power to regulate occupational dangers,
it has not given that agency the power to regulate public health
more broadly.  Requiring the vaccination of 84 million
Americans, selected simply because they work for employers with
more than 100 employees, certainly falls in the latter
category.”  The Court acknowledged that OSHA regulations
would be permissible “[w]here the virus poses a special danger
because of the particular features of an employee’s job or
workplace.” 

BOTTOM LINE:  The Court’s order means that
employers DO NOT NEED to comply with the ETS, although employers
are still permitted to establish rules on vaccination or testing
for private enforcement (subject to state laws). 

On the same day, the U.S. Supreme Court issued an order allowing
the enforcement of the Centers for Medicare and Medicaid Services
(“CMS”) rule that requires healthcare workers at
facilities participating in Medicare and Medicaid to be vaccinated
against COVID-19.  The Court held that CMS did not exceed its
authority because Congress had authorized the federal government to
impose conditions on the receipt of Medicare and Medicaid funds
that it finds necessary to protect the health and safety of
Medicare and Medicaid patients.  The Court found that the rule
would ensure that unvaccinated healthcare providers take steps to
avoid transmitting COVID-19 to their patients.  The
Court’s order means that the rule will take effect in all
states.

BOTTOM LINE:  The Court’s order means that
employers subject to the CMS Rule must now immediately prepare to
comply with its obligations by January 27,
2022. 

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.