On January 13, the United States Supreme Court issued two rulings on whether to stay enforcement of the Occupational Safety and Health Administration’s Emergency Temporary Standard and the Centers for Medicare and Medicaid Services Interim Final Rule with Comment. With the decisions to stay the OSHA ETS and allow the CMS IFR to proceed, large private employers are no longer required to comply with the vaccination and testing provisions of the OSHA ETS. In contrast, covered CMS facilities in all states must develop and implement a mandatory vaccination program in light of a rapidly approaching initial compliance deadline. Finally, federal contractors are left trying to determine what the Supreme Court may eventually do with the federal contractor vaccine mandate, looking to the OSHA ETS and CMS IFR rulings for possible guidance.
Lawyers from both our Labor, Employment and Workplace Safety and Health Care practices discuss the terms and practical ramifications of these rulings, along with managing varying state and local mandates.
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