The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3 SCOTUS decision means you no longer have to follow the January 10 deadline, this Insight will provide you a practical six-step priority list to guide you on your way during the days ahead.

What Happened?

Technically, the Court didn’t kill the ETS for good, but the long-term prognosis is not looking good. SCOTUS reapplied the temporary injunction that once again blocks OSHA from enforcing the ETS for the time being while the parties continue to battle in lower courts over whether the emergency rule is valid. There are two ways that the rule could come back to life in its original or a revised form:

• There is an unlikely chance that the Sixth Circuit Court of Appeals – which will take over the case from here – could determine that the rule is valid and breathe new life into it sometime in the coming weeks and months. However, even if that happened, the ETS would face a steep hill to survive a challenge on the merits if the case is brought up before SCOTUS once again.
• OSHA’s ETS was only designed remain in place for six months, after which it must be replaced by a permanent standard. If the workplace safety agency wants to continue this fight, stay tuned for a formal rulemaking process that could see a formal regulation published on or before May 5.

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