Supreme Court Considers Stay of COVID Mandate

What’s happening: The U.S. Supreme Court Jan. 7 heard arguments on whether to pause a federal mandate for private sector firms with 100 or more employees to require COVID-19 vaccination or testing while it is challenged in lower courts. The mandate, called an Emergency Temporary Standard (ETS), took effect Monday, Jan. 10. The Supreme Court ruling is expected before Jan. 14.

Key background: The Biden administration issued the mandate last year through the Occupational Safety and Health Administration (OSHA) to slow the spread of the virus.

• The ETS was first stayed by a federal appeals court, then reinstated by a different court a short time later, leaving the Supreme Court to resolve the matter.
• ARTBA and other groups contend the mandate exceeds OSHA’s authority. This fight will continue in the lower courts, regardless of whether the Supreme Court stays the mandate or not.
• OSHA has said it will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, so long as an employer is exercising “reasonable, good faith efforts” to follow the ETS.

What’s next: ARTBA will report on the Supreme Court’s ruling on short-term implementation of the ETS when it is released. Members can watch a webinar on ETS compliance.