Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds
Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.
by
Rachel Dix Bishop,
Shannon Antle Hamilton,
Calesia Henson,
Demetrius O. Holloway,
Ashley Owens Hopkins,
Robin E. McGuffin,
Robin D. Miller,
and Rebecca A. Weis
January 14, 2022
