The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for employers is much more clearly defined – but others may feel lost given the confusing nature of how we got here. We’ve assembled a collection of Fisher Phillips attorneys from our Workplace Safety and Vaccine teams to answer the most pressing questions you probably have now.
What’s the Latest on the ETS?
“Tuesday OSHA announced that it was withdrawing the ETS, no doubt in reaction to SCOTUS’s ruling putting a halt on enforcement. So what’s next? The agency indicated that it will push forward with a standard, but this time as a proposed rule under the rulemaking provisions of the Occupational Safety and Health Act and not as a temporary emergency measure. This means that OSHA could pursue a permanent rule requiring vaccination or testing through the normal rulemaking notice-and-comment process. We think it is likely that the agency may also attempt to tailor the rule to a narrower group of employers by targeting specific industries. Long term, OSHA could use the framework of the ETS as the basis for a broader infectious disease standard going well beyond just COVID-19.”
Nick Hulse (Charlotte)
Can We Still Mandate the Vaccine for Our Workforce?
“Yes, in most states it is still permissible to impose your own vaccine mandate in most locations, regardless of...
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