U.S. Supreme Court Ruling on OSHA Vaccine-or-testing Rule: What employers need to know/do

While the U.S. Supreme Court’s ruling impacts businesses of one hundred or more employers, small business owners were readying themselves to follow similar protocols.

With the U.S. Supreme Court’s blockage of the Occupational Safety and Health Administration’s (OSHA’s) vaccine-or-testing rule for large employers, large and smaller businesses may want to review the COVID-19-related workplace policies to avoid OSHA fines.

Some employers may drop plans to require vaccination or administer weekly testing programs. Others may retain vaccine mandate or vaccine-or testing policies that align with OSHA’s now-halted ruling. Employers additionally will need to comply with state, local and industry level COVID-19 vaccination regulations.

Finally, and OSHA will still use the general duty clause and their Covid-19 National Emphasis Program1,2 to hold employers accountable for protecting employees.

1 https://www.osha.gov/sites/default/files/enforcement/directives/DIR_2021-03_CPL_03.pdf

2 https://www.aha.org/news/headline/2021-03-17-osha-launches-covid-19-national-emphasis-program

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