Under a decision from the United States Supreme Court on January 13, 2022, the nationwide stay against OSHA from enforcing its Emergency Temporary Standard for Covid-19 (the “ETS”) has been reinstated. Under the ETS, employers of more than 100 employees were required to, among other things, adopt a mandatory vaccination policy. Due to the Court’s decision, OSHA is prohibited from enforcing the ETS until appeals in the United States Court of Appeals for the Sixth Circuit are decided.
In an unsigned decision, the Court ruled 6-3 that the plaintiffs in a number of lawsuits filed against OSHA to stop the ETS were likely to succeed in showing that OSHA lacked the authority to impose a vaccine mandate. The Court’s decision and the reasoning outlined in the majority opinion suggest that if and when the merits of the underlying lawsuits are presented to the Supreme Court, it will rule that OSHA did not have the authority to enact the ETS.
If you have questions, 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.