The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard for Employers With 100 or More Employees is Stayed Pending Review in the Sixth Circuit

By: Graydon's Labor and Employment Group

Throughout the 30-page decision, the Supreme Court noted that it is likely the Secretary lacked authority to impose the OSHA mandate which is “a significant encroachment into the lives—and health—of a vast number of employees.” The Supreme Court emphasized the OSH Act empowers the Secretary “to vest workplace safety standards, not broad public health measures.” Based on the merits of the arguments, the Supreme Court ruled a stay was justified preventing enforcement.

For those employers who published written policies, collected vaccine cards, and otherwise complied with the rule… hold on to the policies and vaccine cards. If those policies were published solely to comply with the rule, they can be pulled back. Employers can inform employees the rule is stayed and the policies issued to comply with the rule will not be enforced pending further action as the rule makes its way back through the legal system. For now, take a deep breath. During the stay, the rule will not be enforced nor will citations or penalties be assessed. Covered employers do not have to provide paid leave to get the vaccine, time off to recover from the vaccine, test unvaccinated employees weekly or comply with any other mandatory aspects of the law.

If you have questions about next steps, call the Graydon Labor & Employment team!

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