In the latest Weekly Wright Report:

• • OSHA Withdraws Vaccine Mandate for Large Private Employers – read now

OSHA Withdraws Vaccine Mandate for Large Private Employers

By Michael A. Stover

On January 26, 2022, OSHA formally withdrew its large private employer vaccine mandate in the wake of the recent Supreme Court ruling.  As you are no doubt aware, on November 5, 2021, OSHA adopted an emergency temporary standard (the Vaccination and Testing ETS), under sections 4, 6(c), and 8 of the Occupational Safety and Health Act of 1970 (29 USC 653, 655(c), 657), requiring certain vaccination related protocols for employees of large employers (100 or more employees). The Vaccination and Testing ETS required covered employers to develop, implement, and enforce a mandatory COVID–19 vaccination policy, with an exception for employers that instead adopted a policy requiring employees to either get vaccinated or elect to undergo regular COVID–19 testing and wear a face covering at work in lieu of vaccination. Upon implementation various legal challenges were asserted to the Vaccination and Testing ETS and it was enjoined by the United States Court of Appeals for the 5^th Circuit.  A short time later the United States Court of Appeals for the 6^th Circuit removed the stay.  However, challenges were then asserted in the Supreme Court.

On January 13, 2022, the U.S. Supreme Court stayed the Vaccination and Testing ETS, finding that challengers were likely to prevail on their claims opposing the mandate. Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor, 595 U.S. __, __ (2022) (per curium) (slip op. at 5, 9). OSHA has now stated that after evaluating the Court’s decision, effective immediately OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard.

If you need any assistance with vaccine standards please contact any member of our Labor and Employment Practice Group.

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