The Supreme Court today ruled 6-3 to block the Biden Administration from enforcing OSHA’s Emergency Temporary Standard (ETS) for COVID-19. The ETS would require all workers of employers with 100+ employees either be fully vaccinated or submit to weekly COVID-19 testing. This is likely the “death knell” for the OSHA ETS Rule. The Court remanded it back to the Sixth Circuit, but given the 6-3 decision, the Sixth Circuit will likely hold that the OSHA ETS Rule is invalid and, during the pendency of the appeal, OSHA is prevented from enforcing its rule.
At the moment, covered contractors do not have to comply with the ETS.
The Supreme Court ruled 5-4 to allow the healthcare worker vaccine mandate from the Centers of Medicare & Medicaid Services (CMS) to remain in effect. Justices John Roberts and Brett Kavanaugh joined the Court’s three liberal justices ruling in favor.
The CMS mandate does not apply to non-healthcare employers, such as FCA contractors. HOWEVER, it is possible that CMS-governed facilities may seek to require contractor compliance with the CMS mandate while performing work at hospitals and clinics.
Stay tuned – FCA International will continue to monitor this situation as it develops.