Racine Sun

Racine Area Manufacturers & Commerce issued the following announcement on January 14.

After hearing oral arguments on Friday, the U.S. Supreme Court – in a 6-3 ruling – granted a stay of OSHA’s Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations and testing. The stay overturns a decision from the Sixth Circuit Court of Appeals, which had previously allowed the ETS to go into effect while it reviewed the lawsuit.

The stay is effective immediately and will be in place while the Sixth Circuit considers the merits of the case, meaning businesses do not presently need to comply with the requirements outlined in the ETS. The stay will remain in place until the Supreme Court either denies further review or issues a subsequent decision in this case.

The Supreme Court's opinion was critical of OSHA’s attempt to regulate beyond its authority

“Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization,” the opinion reads.

It goes on to explain, “although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”

Today’s decision is a major win for employers who would have faced untold financial costs to comply with this mandate and an unprecedented exodus of workers. While this is good news, the Supreme Court’s decision is not the final action in this case. The Sixth Circuit will review the case and issue a decision sometime in the future. Additionally, that decision could be appealed to the Supreme Court.

WMC previously filed an amicus brief with the Sixth Circuit in this case arguing that OSHA does not have the authority to implement such a rule, and detailing the significant and irreparable harm it would have on Wisconsin businesses and workers if it took effect. WMC’s brief is available by clicking here. 

Original source can be found here.