The Supreme Court of the United States invalidated OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) in a 6-3 ruling on Thursday, Jan. 13. The challenge was brought forward by the National Federation of Independent Businesses.
OSHA’s ETS covered large employers with 100 or more employees and required large employers to develop, implement and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt 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.
In the unsigned opinion, the court stated:
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”
On Jan. 3, 2022, Minnesota became the first state to adopt the ETS at the state level when it adopted the rule by reference. The ruling from the nation’s top court invalidates the MNOSHA ETS as well.
Following the ruling, MNOSHA sent a notice out announcing the suspension of ETS enforcement “pending future developments.” MNOSHA also noted that the ruling does not impact other separate COVID-19 regulations. “MNOSHA will continue to enforce all employers’ obligations under the general duty clause and its general standards, including the Personal Protective Equipment (PPE) and Respiratory Protection standards,” the agency said.
