Supreme Court Blocks Enforcement of OSHA’s Vaccinate-or-Test Rule

Earlier today, the U.S. Supreme Court reimposed a stay on the enforcement of the U.S. Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that would have required private sector employers with 100 or more workers to ensure that those employees are either fully vaccinated or subject to COVID-19 testing at least once per week. This means that OSHA will be prevented from enforcing the ETS at least until the end of the underlying litigation challenging the rule.

It is important to note that the Court’s ruling in this regard can have far-reaching implications with respect to whether the mandate will ever be imposed as initially envisioned by OSHA. Accordingly, employers of 100 or more can “shelf” their OSHA ETS policies for now but may soon be able to delete them entirely.

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