The U.S. Supreme Court issued two opinions on January 13, 2022, that will significantly impact many employers.
In National Federal of Independent Business v. Department of Labor, OSHA, the Court granted a stay of any enforcement by OSHA of the ETS it issued in November 2021, which would have required covered employers to implement workplace policies requiring employees to be vaccinated or wear face coverings and undergo regular testing for COVID-19. The stay will remain in effect while the courts address the merits of the underlying issue in the case: whether OSHA exceeded its authority when it issued the ETS. The case will be sent back to the Sixth Circuit for further disposition.
In the second opinion, which was issued in the consolidated cases of Biden v. Missouri and Becerra v. Louisiana, the Court effectively overruled the preliminary injunctions that had been issued by lower courts with respect to the Centers for Medicare & Medicaid Services’ Interim Final Rule. The Court found that Rule falls within the authorities that Congress conferred upon the Secretary of Health and Human Services. The Rule will require approximately 10 million healthcare workers to receive an initial COVID-19 vaccination dose by January 27, 2022, with limited exemptions. Like the OSHA ETS, the ultimate fate of the Interim Final Rule has yet to be decided on the merits. The cases will be sent to the lower courts for further disposition.
This article is not intended to provide legal advice. Should you have questions regarding your obligations under the OSHA ETS or the CMS Interim Final Rule, Keith L. Hammond, Esq., is available to discuss these matters.