Supreme Court Decision on OSHA ETS and CMS Interim Rule: What Are the Practical Ramifications?

Post-Event Resources

On January 13, 2021, the U.S. Supreme Court stayed enforcement of the COVID-19 Vaccination and Testing Emergency Temporary Standard by the Occupational Safety and Health Administration. The court ruled that the legal challenges to the ETS are likely to succeed on the merits of their argument that the Secretary, acting through OSHA, lacked the authority to impose the ETS. 

As a result of the decision, OSHA cannot enforce the ETS unless and until there is a final ruling that it possessed the requisite authority to impose the ETS. The Sixth Circuit Court of Appeals now will determine the merits of the challenges to the ETS.

Join Hinshaw's Tom Luetkemeyer, Leigh Bonsall, and Dana Weinsten on Wednesday, January 19 as we share the latest updates that employers must consider regarding COVID-19 vaccination policies.

We will share: 

• What the recent rulings mean and how the Supreme Court got there
  • Read more in our Insights for Employers Alert
• What this means for both public – and – private employer initiatives and policies
• How to implement the CMS Rule
  • Read more about the CMS Rule in our Health Care Alert
• Implications for state and local vaccination initiatives
  • Local safety ordinances
  • State laws regulating vaccine mandates