Supreme Court Blocks Enforcement of OSHA COVID-19 Vaccine Mandate [Unpublished]

Yesterday afternoon, the U.S. Supreme Court issued a stay against the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. The Court ruled 6-3 that OSHA likely exceeded its authority in promulgating the ETS and a stay was warranted. The Court’s three liberal justices dissented from the majority’s opinion. 

OSHA is now blocked from enforcing the provisions of the ETS while it will be reconsidered by the Sixth Circuit. OSHA has not yet responded to the Supreme Court’s decision. WDMA will provide additional updates on the ETS as they become available.