Yes, the injunction on OSHA’s Emergency Temporary Standard (“ETS”) is back per the recent ruling of the U.S. Supreme Court. The Supreme Court did not strike down the ETS. The Court simply reimposed the injunction, which prohibits OSHA from enforcing the ETS at the present time. The fight over whether the emergency rule is valid will continue in the lower courts.
What does this mean for employers? Complete all administrative obligations, as outlined in our earlier blog at https://yorkbowmanlaw.com/its-back-oshas-new-temporary-standard-for-covid-19-mandates/.Specifically,
1. Determine the vaccination status of the workforce. (If the employer decides to implement the testing mandate, then unvaccinated employees must show proof of a negative Covid y February 9);
2. Decide on the mandate – vaccinate or test;
3. Develop the appropriate policies and train managerial employees;
Employers should be prepared! If the lower courts allow the ETS to take effect, it is likely that OSHA will aggressively pursue enforcement.
Note: The U.S. Supreme Court also ruled on the vaccination mandate imposed by the Centers for Medicaid and Medicare Services (“CMS”). Although we have not covered this topic in our recent blogs, it is important to note that CMS imposed a true vaccination mandate for healthcare employers that requires all employees of healthcare facilities to vaccinate, including licensed practitioners, students, trainees, volunteers, and individuals who provide care, treatment, or other services for the facilities or their patients under contract or other arrangements. The U.S. Supreme Court ruled that the CMS mandate can be enforced.
The attorneys at York Bowman Law, LLC can assist with Covid-19 compliance.