Monday morning musings for workplace watchers

Waiting for SCOTUS | Weil at HELP, Part II

Bruce Rolfsen: The U.S. Supreme Court’s consideration of OSHA’s shot-or-test rule is coming down to the wire, as employers await a possible decision Monday, the date the agency had slated as the jumping off point for enforcement.

Word could come at any time on whether the justices will allow the Occupational Safety and Health Administration to enforce its emergency temporary standard for employers with 100 or more workers. At a special argument session Friday, the high court’s conservative members were skeptical of the agency’s authority to compel vaccination or testing for some 80 million workers at private businesses.

Apart from the drama and expectation at the high court, the agency is continuing development of a permanent standard, due May 5.

“We’ve got to remember the ETS has a shelf life of only six months. We’re already two months into its six-month life,” said Eric Hobbs, a shareholder with Ogletree, Deakins, Nash, Smoak & Stewart P.C. in Milwaukee. “It’s anybody’s guess how long it will take the Supreme Court and the Sixth Circuit to decide the ETS case on the merits.”

Monday was supposed to be the day when OSHA would begin requiring employers to determine which of their workers aren’t fully vaccinated and ensure they wear masks in many situations. If OSHA prevails, Feb. 9 is the deadline for employers to ensure unvaccinated workers are tested weekly.

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