Update: On Jan. 26, 2022, the Occupational Safety and Health Administration (OSHA) formally withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).

Today, the Supreme Court of the United States (SCOTUS) granted a stay of the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more employees. As a result, the OSHA ETS is not currently in effect. SCOTUS’ stay will remain in place while the Sixth Circuit rules on the merits of the pending legal challenges and until the parties have an opportunity to petition SCOTUS to review the Sixth Circuit’s decision. Employers may still adopt their own masking, testing and vaccination policies subject to any applicable state law restrictions.

SCOTUS allowed a separate rule to take effect requiring the vaccination of workers in nursing homes, hospitals and other facilities that receive Medicare and Medicaid payments from the federal government.

For more information on this topic, or to learn how Godfrey & Kahn can help, contact a member of our Labor, Employment & Immigration Law Practice Group.