U.S. Supreme Court Releases its Ruling on OSHA ETS

Today, the U.S. Supreme Court released its ruling on the OSHA ETS. The Court has stayed the OSHA ETS, meaning OSHA will not be able to enforce the ETS on vaccinations.  

The Court found that the petitioners (those seeking to have the ETS invalidated), are “likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.” The Court reasoned: “The Act empowers the Secretary [of Labor] to set workplace safety standards, not broad public health measures.”

You can read the decision here in full here: https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

What NOW??

You do NOT need to continue efforts to comply with the OSHA ETS. 
For employer purposes, you do NOT need to continue efforts to comply with the OSHA ETS. The case now returns to the Sixth Circuit for continuing litigation on that matter. We do expect legislation from the State of Iowa on vaccinations in the coming weeks and months. We will monitor that as it develops.   

However, this ruling does not mean that private employers are barred from instituting policies on vaccination, whether those are policies that encourage or mandate vaccination, or require testing. If you institute such a policy, you do need to make sure you are compliant with various state and federal laws regarding exemptions. 

Please contact an employment law attorney with any questions and we will continue to update you. 

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Simmons Perrine Moyer Bergman PLC is a full service law firm with locations in Cedar Rapids and Coralville, Iowa. For more information, visit spmblaw.com.  

Disclaimer: This information is intended for general information purposes only and is not intended, nor should it be construed or relied on, as legal advice. Please consult your attorney if specific legal information is desired.