Login on site

×
Login on site
logo
Capital Services
logo
  • Services
    • HR Consulting
    • Employee Benefits
    • Business Planning
    • Individual Coverage
    • Personal Planning
    • Wellness Planning
    • Compliance
    • Millennial Workforce Solutions
    • Recruiting
  • Who We Serve
    • Individuals
    • Employers
    • Mergers & Acquisitions
    • Human Capital
  • Culture
  • Approach
  • Blog
  • Careers
  • Quick Links
    • CSI Client Portal
    • Employee Benefits Portal
    • Individual Coverages
    • Carrier/TPA
  • Schedule a Call
January 17, 2022 by Capital Services in Business

Supreme Court Stays OSHA ETS Vaccination and Testing Mandate

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees.

ETS Litigation

The ETS went into effect on and has been in litigation since Nov. 5, 2021. It was blocked by the 5th U.S. Circuit Court of Appeals early on but was reinstated by the 6th Circuit on Dec. 17, 2021.

SCOTUS Reasoning

In its published decision, SCOTUS stated that OSHA was not given the power to regulate public health more broadly than occupational dangers. In addition, SCOTUS explained that challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. Specifically, the OSH Act only allows the agency to set workplace safety standards, not broad public health measures.

Finally, the court argues that the requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power. Instead, SCOTUS stated the ETS represents a “significant encroachment into the lives—and health—of a vast number of employees.”

Impact on Employers

Given this new stay, employers are not required to comply with the OSHA ETS vaccination and testing mandate at this time. However, because the case has been sent back to the 6th Circuit, employers will need to continue monitoring legal developments to learn about a final decision on the ETS.

0
Recommend
  • Facebook
  • Twitter
  • LinkedIN
  • Pinterest
Share
Tagged in

Categories

  • Business
  • Design
  • Employee Benefits
  • HR Consulting
  • Real life
  • Uncategorized

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • August 2024
  • April 2024
  • February 2024
  • December 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • October 2019
  • June 2019
  • July 2016

We believe that passion for people builds innovative workplaces that have higher levels of performance, more engagement and satisfaction, and overall cost reduction in long term health-related expenditures.

Capital Services Incorporated BBB Business Review

Quick Links

  • CSI Client Portal
  • Employee Benefits Portal
  • Individual Coverages
  • Carrier/TPA

Contact Us

Corporate Headquarters

215 Washington Avenue
Suite 400
Towson MD 21204

443-608-5520

marketing@capital-services.com

© 2021 Capital Services. All rights reserved.
Terms and Conditions

logo

Please provide your name and email address and we will send you these resources right away.

  • This field is for validation purposes and should be left unchanged.

 

Username:
Password:

Client Portal Login


Username:
Password:
Retrieve your login information

Username:
Password:

Get your Guide to Creating a Hiring Process that Works now

  • This field is for validation purposes and should be left unchanged.

Client Portal Login


Username:
Password:
Retrieve your login information