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SCOTUS Blocks OSHA ETS Mandating COVID-19 Vaccines or Weekly Testing for Employers with 100 or More Employees

This afternoon, the U.S. Supreme Court halted the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) mandating the COVID-19 vaccine or weekly testing for employers with more than 100 employees.

In its unsigned order blocking the ETS, the Court said that although the risks associated with coronavirus occur in many workplaces, “it is not an occupational hazard in most.” In addition, the order also noted that “[p]ermitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.”

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