On Wednesday, December 22, 2021, the United States Supreme Court agreed to review the decision of a United States Circuit Court to lift the stay against OSHA enforcing its Emergency Temporary Standard (“ETS”) for Covid-19 compelling mandatory vaccination for employers with more than 100 employees (“covered employers”).
The Supreme Court has scheduled oral argument for January 7, 2022. The Supreme Court will decide whether the Circuit Court was correct in lifting the stay against enforcement or whether the stay should be re-imposed, blocking OSHA’s enforcement of the ETS.
For now, the mandatory vaccination policy under the ETS is still enforceable and covered employers are required to adopt a mandatory vaccination plan and follow most of the new regulations by January 10, 2022. Covered employers will have to comply with all requirements, including the mandatory testing requirements by February 9, 2022.
Some of the parties involved in the underlying actions have asked for an administrative stay of the ETS until the Supreme Court determines whether to grant a stay against enforcement pending review – presumably before January 7.
Please stay tuned for a report on the Supreme Court’s decision when it issues and the potential impact on your business if you are a covered employer.
Jennifer Horn and Tom Stevens at Horn Williamson are available to answer questions and provide advice on the new standard and offer a free half-hour consultation to address how the standard affects the construction industry, including OSHA’s record-keeping requirements, the specific definitions under the ETS and how they impact contractors, and what information covered employers must provide to their employees.
Contact us at (215) 987-3800 and ask for Jennifer or Tom or email us at: Jennifer M. Horn, jhorn@hornwilliamson.com; Thomas P. Stevens tstevens@hornwilliamson.com.