January 13, 2022

Robert F. Helminiak
Vice President, Legal & Government Relations

Supreme Court Blocks OSHA COVID-19 Vaccine ETS

ARLINGTON, VA – The Supreme Court reinstituted the stay of OSHA’s COVID–19 Vaccination and Testing Emergency Temporary Standard (ETS). OSHA may not enforce the ETS until and unless there is a decision on the merits of the case from the U.S. Court of Appeals for the Sixth Circuit in favor of OSHA, a decision that will be appealed to the Supreme Court.

In a 6-3 decision, the Supreme Court prevented enforcement of the ETS, stating: “Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory authority and is otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay the rule.”

Enforcement is currently stayed and a final decision on the merits has yet to be determined. SOCMA will keep you updated as the litigation proceeds to ensure you are prepared should a court decision create immediate compliance requirements.

Bookmark SOCMA’s COVID-19 Resources Page for the latest information and guidance documents: www.socma.org/resource-center/covid-19/.

In the meantime, if you have additional questions, please contact Robert F. Helminiak at rhelminiak@socma.org.

Categorized in: ,