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SUPREME COURT STAYS OSHA COVID-19 VACCINE/TESTING ETS

01.13.22 written by

On Thursday, January 13, 2022, the United States Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) requiring employers of 100 or more to record vaccination status of its employees and require masking and weekly testing for non-vaccinated employees. The Supreme Court issued a stay of the rule, stating that the statute empowers OSHA to “set workplace safety standards, not broad public health measures” and held that “the mandate takes on the character of a general public health measure, rather than a ‘occupational safety or health standard.'” Thus, at this time, this mandate issued by OSHA is blocked.

If you have any questions concerning this client alert, please contact Attorney Karen Soehnlen McQueen (kmcqueen@www.kwgd.com) at 330-497-0700.

NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.