The U.S. Supreme Court, by a 6-3 vote, issued a stay on January 13, 2022 that prevents the Occupational Safety and Health Administration from enforcing or implementing the COVID-19 emergency temporary standard (ETS) it had published on November 5, 2021.

The Court found that OSHA had overstepped its statutory 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.

For all intents and purposes, the ETS is dead and the federal requirement on employers with 100 or more employees to adopt a mandatory COVID-19 vaccination policy or to mandate weekly testing in lieu of vaccination will not be enforced or implemented.

Many states and localities are free to impose vaccination requirements. OSHA could issue a more targeted ETS or regulation, but such action would take weeks or months.

Employers also may voluntarily institute their own vaccine mandates and/or COVID-19 testing requirements if not barred by state or local law.