On Jan. 13, the U.S. Supreme Court reinstated the stay on the Federal Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing, which required private-sector employers of 100 people, or more, to ensure workers are tested or vaccinated against COVID-19.
Although this stay means the ETS hasn’t been officially struck down, legal experts agree that it is likely dead on arrival should it return to the Supreme Court to face arguments on its merits. This latest development might seem like good news for employers who are daunted by the prospect of complying with the ETS requirements, but that’s not necessarily the case.
