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U.S. Supreme Court Halts Enforcement of OSHA’s Mandatory Vaccination/Testing ETS

The U.S. Supreme Court stayed OSHA's Emergency Temporary Standards (ETS) requiring COVID-19 vaccination or testing for employers with 100 or more employees. This decision came amidst legal challenges questioning OSHA's authority and bypassed rulemaking procedures. Click here for article.

  • The Court majority found OSHA had exceeded its authority in enacting the ETS and bypassed proper rulemaking procedures.

  • Dissenting justices argued that OSHA had the authority to address workplace COVID-19 risks and the ETS could save lives.

  • The decision leaves employers in limbo regarding COVID-19 safety measures, prompting them to review their prevention plans.

  • Despite the stay, OSHA retains the authority to regulate specific occupational COVID-19 risks, such as healthcare workers and those in crowded environments.

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