On January 13, 2022, in a 6-3 per
curiam opinion in NFIB v. OSHA, the United States Supreme
Court ordered the OSHA ETS be stayed pending disposition of the
matter at the Sixth Circuit Court of Appeals.
Large Employer Mandate
In its majority opinion, the Court referred to the ETS, which
requires employers with 100 or more employees to require their
employees be fully vaccinated or undergo weekly testing and wear a
mask, as a "blunt instrument" and "a significant
encroachment" into the lives and health of employees.
The Court went on to conclude that the Secretary of Labor lacked
authority to issue this vaccine-or-test mandate.
In particular, the Court noted that COVID-19 is not an
"occupational hazard," but rather it is a "kind of
universal risk [that] is no different from the day-to-day dangers
that all face . . . ." As it became clear during
oral arguments in this case, which occurred less than a week ago on
Friday, January 7, 2022, the Court took issue
