U.S. Supreme Court Strikes Down OSHA ETS for Larger Private Employers

January 14, 2022

Decision Overturns OSHA's Vaccine and Testing Requirements for Companies of 100 or More Employees


This afternoon, the U.S. Supreme Court struck down the OSHA requirement that private company employers (with 100+ employees) implement COVID-19 vaccine and or testing requirements (commonly referred to as the "ETS") for their employees. In today's 6 to 3 decision, the Court acknowledged that while Congress had given the right to OSHA to regulate occupation specific hazards, it had not provided the same latitude over broader health issues and concerns. 


Guidance-only documents and other COVID-19 information for businesses may be found at the U.S. Centers for Disease Control and Prevention (CDC) website by clicking here.  


For more information or any questions, please contact Bryan Vickers (703-403-2882, bvickers@pacellp.com) with IAM's Government and Regulatory Affairs Team.