US Supreme Court Stays OSHA COVID-19 Vaccination and Testing Requirements

January 14, 2022

The requirement for larger cities to implement vaccinate-or-test policies is now on hold.

The U.S. Supreme Court issued an order on Jan. 13 that stops implementation of the new federal rule mandating that some employers require employees to be vaccinated or have regular tests for COVID-19.

The Minnesota Occupational Safety and Health Administration (MNOSHA) adopted the federal OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on Jan. 3. It required employers, including cities, with 100 employees or more to adopt a policy for weekly testing of employees that have not been vaccinated.

The Supreme Court order put implementation and enforcement of the ETS on hold. It will now go to the 6th U.S. Circuit Court of Appeals for further review. Please note, health care employees are still subject to the vaccine requirements of a separate ETS.

MNOSHA announced that it will suspend enforcement of the ETS, pending future developments. MNOSHA has encouraged cities and other employers to implement their own safety policies for employees — which could include vaccine, testing, or masking requirements — while they await a decision on whether the state will issue further requirements for employers.

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