On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to halt OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS). This means that employers are no longer required to develop COVID-19 vaccination or testing policies for their workplaces. However, employers may still want to take steps to reduce potential COVID-19 exposures for their employees. This article provides more information about the current status of the OSHA ETS and ongoing COVID- 19 safety considerations for employers.
OSHA ETS Litigation Overview
Can the OSHA ETS Return?
The SCOTUS did not permanently get rid of the OSHA
ETS. The stay that has been issued is temporary in
nature; OSHA could bring back the ETS through a
permanent rule, which the agency has already
started to implement and is currently in the
comment period. If the permanent rule for the ETS
gets finalized, it would likely be met with further
litigation. In other words, although the ETS has not
been ultimately struck down, the prognosis of future
ETS implementation remains uncertain.
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