Thursday, January 13, 2022

Supreme Court Blocks Vaccine-or-Testing Rule

 The U.S. Supreme Court today blocked the Occupational Safety and Health Administration's (OSHA’s) emergency temporary standard requiring businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing. But it allowed the federal government to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.

The first decision criticized OSHA’s rule as a “blunt instrument” that “draws no distinctions based on industry or risk of exposure to COVID-19.” It also called the rule a “significant encroachment into the lives—and health—of a vast number of employees.”

In the second decision, the court noted that “health care workers around the country are ordinarily required to be vaccinated for diseases.” The Occupational Safety and Health Act does not plainly authorize the rule, the court stated.

Shrm 1-13-22