No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
No Result
View All Result
Corporate Compliance Insights
Home Compliance

Supreme Court Ruling Likely Dooms Federal Vaccine-or-Test Mandates at Large Businesses. Employment Law Experts Weigh In.

Healthcare Sector Gets a Carveout in Separate Decision.

by Henry Kronk
January 14, 2022
in Compliance, Risk
A person receives a covid vaccine.

The Supreme Court conservative majority held ranks to temporarily stay an OSHA standard that would have made large employers require their employees get vaccinated or wear a mask and test regularly. In a separate 5-4 decision, the court allowed a similar measure to proceed for workers in the healthcare sector. Employment experts weigh in on implications for businesses. 

While the policy has been up in the air since it was introduced in November, some believe this to be the de facto final say on vaccine-or-test mandates for large businesses. But other circuits continue to consider the issue. OSHA may come up with new standards. State governments, meanwhile, have leeway to put their own measures in place. CCI asked three experts in employment law to comment on the stay and what it means for employers.

Background on OSHA’s Vaccine-or-Test ETS

The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on November 4 forcing businesses with 100 employees or more to require their workforces to either get vaccinated or wear masks and test weekly. The Fifth Circuit Court of Appeals placed a temporary stay on the ETS the following day. That temporary stay was extended, and challenges to the standard began to proceed through several levels of the judiciary system. 

While the Fifth Circuit has blocked the OSHA vaccinate-or-test mandate ETS, other courts continue to determine its constitutionality. Insights from Caleena S. Braig of @MoyeWhite #VaccineMandate #OSHA https://t.co/S2gjvxDXU6

— Corporate Compliance Insights (@cci_compliance) November 18, 2021

Caleena Braig, partner at law firm Moye White:

Notably, in granting the stay, the U.S. Supreme Court held in a 6-3 decision that the challenge to the ETS is likely to succeed on the merits because OSHA lacked the authority to issue the ETS mandate. The court explained that OSHA is allowed to “set workplace safety standards, not broad public health measures.” Because the risk of contracting COVID-19 is not only in the workplace but also in many other public settings, COVID-19 “is not an occupational hazard.” Thus, the court held that allowing OSHA to broadly regulate “the hazards of daily living” would expand OSHA’s authority beyond what Congress allows.

While likely indicative of what may come, the Supreme Court’s decision is not the final say. Instead, the court directed the Sixth Circuit to consider the substantive validity of the ETS. But, with the stay in place, employers have additional time to prepare for compliance should courts uphold the ETS, which appears unlikely. Because of the court’s decision, OSHA may issue a new or limited ETS on the subject matter.

Further, the court’s decision does not affect state and local COVID-19 vaccination and testing requirements. Employers are not in the clear yet and should continue to monitor updates until there is a final resolution on this matter. Companies need to continue to comply with all local and state regulations regarding COVID-19 testing, vaccine protocols and sick leave. Leaders should have plans in place in the off chance the ETS is actually passed to ensure they don’t fall victim to violations.

Zachary Busey, shareholder in Baker Donelson’s Labor & Employment Group:

OSHA’s ‘Vaccine or Test’ (Emergency Temporary Standard) was once again stayed by the Supreme Court, and it is a nationwide stay. The stay will remain in place until the final disposition of all litigation. As a result, although the Sixth Circuit might issue additional rulings or decisions regarding the ETS – and, perhaps, even rule in favor of it – this will not impact the Supreme Court’s stay. The Supreme Court’s stay, as a practical matter, will remain in effect longer than the ETS, which expires in May 2022.  The Supreme Court, in all, has (effectively) struck down the ETS.

Carrie Urrutia, member in Eastman & Smith’s Labor & Employment practice:

OSHA’s ETS has been stayed by the U.S. Supreme Court in an opinion that makes clear the ETS will not be reinstated by a lower court.  The Supreme Court concluded, in a 6-3 decision, that Congress never granted to OSHA the power to regulate public health dangers; it only has the power to regulate occupational health dangers.

 The court’s opinion does not infringe upon a private employer’s ability to impose COVID-related rules (i.e., masking, vaccination, testing, etc.) and many employers may elect to continue mandating enhanced safety requirements – including requiring vaccinations – given the recent spike in COVID-19 cases in most areas.  The obligations imposed by OSHA’s ETS, however, are no longer in place, which will be a relief to many employers who were legitimately concerned about employees quitting in an already difficult labor market. 

Notwithstanding the Supreme Court’s decision, employers should keep in mind that OSHA still has the power to regulate, through its General Duty Clause, safety in the workplace.  For those workplaces where circumstances create a unique risk of contracting COVID-19, employers remain obligated to take such actions as are reasonable and appropriate to protect workers. Further, individual states also have the power to address the public health issues presented by COVID-19.  Finally, employers should be mindful that their customers may also make demands on the employer’s work environment and its employees.  The Supreme Court’s decision has not eliminated the myriad practical issues facing employers across the country that are trying to remain productive and profitable while also keeping their employees safe.


Tags: COVID-19OSHA
Previous Post

Shield Closes $15M Series A Round, Plans to Open NYC Office

Next Post

Mazars Global Compliance Report

Henry Kronk

Henry Kronk

Henry Kronk headshotHenry Kronk is the former Managing Editor of Corporate Compliance Insights. His previous reporting has appeared in Exclaim!, the Burlington Free Press, International DJ, eLearning Inside and more. He produced the radio show Code Burst — an investigation into a coding bootcamp that sought to retrain out-of-work coal miners for jobs in tech — for CKUT 90.3 FM in Montreal.

Related Posts

covid business closure insurance

Who’s on the Hook for Pandemic-Related Business Disruptions? Courts Agree, It’s Not Property Insurers.

by Crowell & Moring
February 8, 2023

We’re nearing the three-year anniversary of widespread business shutdowns in the early days of the Covid-19 pandemic. In that short...

uvalde crosses

Will 2023 Bring More ‘Permacrisis’ Culture?

by Lisa Schor Babin
January 4, 2023

While 2022 had no shortage of chaotic events, ethics columnist Lisa Schor Babin shares her hopes for 2023 — and...

Hidden Threat? They Know There’s a Problem, But Companies Are Still Failing to Intercept Real-World Dangers

Hidden Threat? They Know There’s a Problem, But Companies Are Still Failing to Intercept Real-World Dangers

by Staff and Wire Reports
August 17, 2022

From climate change to the Covid-19 pandemic to hateful political rhetoric — modern society poses risks not only to the...

Eventus Awards

Eventus Named Best Market Surveillance Provider, Adding to Recent List of Honors

by Corporate Compliance Insights
August 4, 2022

Trade surveillance and market risk solution platform Eventus won its fourth major award in the past month, as its Validus...

Next Post

Mazars Global Compliance Report

Compliance Job Interview Q&A

Jump to a Topic

AML Anti-Bribery Anti-Corruption Artificial Intelligence (AI) Automation Banking Board of Directors Board Risk Oversight Business Continuity Planning California Consumer Privacy Act (CCPA) Code of Conduct Communications Management Corporate Culture COVID-19 Cryptocurrency Culture of Ethics Cybercrime Cyber Risk Data Analytics Data Breach Data Governance DOJ Download Due Diligence Enterprise Risk Management (ERM) ESG FCPA Enforcement Actions Financial Crime Financial Crimes Enforcement Network (FinCEN) GDPR HIPAA Know Your Customer (KYC) Machine Learning Monitoring RegTech Reputation Risk Risk Assessment SEC Social Media Risk Supply Chain Technology Third Party Risk Management Tone at the Top Training Whistleblowing
No Result
View All Result

Privacy Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2022 Corporate Compliance Insights

No Result
View All Result
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe

© 2022 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT