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Supreme Court Blocks OSHA Vaccine Mandate for Large Businesses; Allows Health Care Worker Mandate

Today, the Supreme Court stopped the Biden administration from enforcing a proposed requirement that employees at large businesses (100+ employees) be vaccinated against COVID-19 or undergo weekly testing and wear a mask on the job. Concluding that the administration overstepped its authority by attempting to impose such a requirement on U.S. businesses, the majority stated in an unsigned opinion, “OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.” More than 80 million people would have been affected had the Court not issued their ruling.

At the same time, the Court is allowing the administration to proceed with a vaccine mandate for U.S. health care workers at providers receiving federal Medicare or Medicaid funding. This rule, which has medical and religious exemptions, will potentially affect 76,000 health care facilities in addition to home health care providers.

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Although not federally required to do so, many employers will likely still continue to track and test for their own workplace safety and record-keeping protocols. Please contact us if you need assistance with the review of any changes to your policies.

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