Employment Law Alert: U.S. Supreme Court Stays OSHA’s Vaccination and Testing Emergency Temporary Standard

On January 13, 2022, the U.S. Supreme Court issued a decision staying enforcement of the federal Occupational Safety and Health Administration (OSHA) Vaccination and Testing Emergency Temporary Standard (“ETS”). Employers should note that the Court’s decision does not affect the Executive Order mandating COVID-19 vaccinations for employees of federal contractors and subcontractors, which remains in effect. Also, on January 13, the Supreme Court upheld the Healthcare Emergency Temporary Standard (Healthcare ETS) covering workers in settings where they provide healthcare or healthcare support services.

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