Update: SCOTUS Stays OSHA's Vaccination And Testing ETS

OSHA's vaccination and testing emergency temporary standard ("ETS") is on hold once again. On January 13, 2022, the Supreme Court of the United States ("SCOTUS") stayed the ETS pending further review before the U.S. Court of Appeals for the Sixth Circuit, or before SCOTUS (if a writ of certiorari is timely sought and granted).¹ In a 6-3 per curiam opinion, the majority reasoned that the petitioners were likely to succeed in their arguments that OSHA lacked the authority to impose the ETS. The majority explained that while OSHA has the power to impose workplace standards to address occupational hazards, OSHA does not have the power to impose "broad public health measures." In the majority's view, there is a universal risk of contracting COVID-19 in the workplace and elsewhere because the virus spreads anywhere people gather. Thus, allowing OSHA to "regulate the hazards of daily life-simply because most Americans have jobs and face those same risks while on the