U.S. Supreme Court Stays OSHA’s Employer's Vaccine Mandate: What Now?

What Happened?

OSHA's emergency temporary standard was effectively brought to a halt on Thursday the 13th when the Supreme Court voted to deny the ETS. The standard detailed a ruleset that all employers with more than 100 employees would have to enforce in their workplace, mandating employers manage their COVID-19 response with company vaccine mandates. While this decision likely spells the end of the ETS, OSHA still has multiple viable avenues to implement another standard. In order to properly comply with any future standards, it’s important to understand what could come in the wake of this verdict and how you can prepare.  

What's Next?

OSHA made their intentions known following the ruling, explaining in a statement on the 13th, “Regardless of the ultimate outcome of these proceedings, OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the COVID-19 National Emphasis Program and General Duty Clause”. With the ruling, SCOTUS outlined their objections to OSHA’s ETS, namely that OSHA was acting outside of its jurisdiction as an occupational safety administrator and that the standard itself was imprecise. The court’s response to the standard may serve as guidance for OSHA in determining how to approach their next steps. To address the point on the initial standard being too broad OSHA could create a permanent rule that hones in more on COVID-19. Alternatively, OSHA may branch out in the opposite direction, choosing to implement a rule that tackles infectious diseases outside of COVID-19 including potential threats. It’s especially important, now more than ever, to consider the health and safety of your employees. Given the lack of information regarding OSHA’s next steps, it’s key to be proactive in preparing the resources and systems needed to comply with whatever is coming down the pipeline. 

What Do I Do?

In the event that OSHA returns, whether, with the original standard or something else entirely, you can expect to need to move quickly. The agency will probably expect organizations to have put in the work, forming methods to address the pandemic from an administrative perspective. It’s important to begin the preparation now to smoothly implement measures to address COVID-19 when the day comes. Creating a clear plan to deal with unvaccinated employees, comply with vaccination requirements, and handle employee medical information are all vital to the success of any organization.  You’ll need to be ready for what’s next.

Prepare with Kokomo24/7 Safety Cloud.

Since the start of the pandemic, Kokomo24/7^®’s Safety Cloud™ has consistently helped organizations of all sizes manage their COVID-19 response. From utilizing daily attestations for employee health screenings to fully-fledged employer vaccine mandates, our Safety Cloud™ platform can assist any organization in achieving health and safety compliance. Through our multiple, varied solutions you can:

• Screen employees and guests
• Track COVID cases
• Perform contact tracing
• Securely record the vaccination and testing statuses of your employees.

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Sources:

• https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202110&RIN=1218-AC46
• https://news.bloomberglaw.com/daily-labor-report/osha-ets-is-on-life-support-but-its-not-the-end-of-the-road
• https://www.fisherphillips.com/news-insights/supreme-court-strikes-down-oshas-vaccine-ets.html