On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision. Without the ETS, employers are not required to mandate vaccinations, but employers must still ensure the workplace has appropriate COVID-19 protocols.
The ETS required employers with 100 or more employees to either mandate COVID-19 vaccinations or require employees undergo weekly COVID-19 testing and wear face coverings in the workplace. The Court’s most recent decision stayed the ETS and remanded the case to the Sixth Circuit Court of Appeals.
The Supreme Court determined…