COVID-19: Practical Guidance Following the Supreme Court's OSHA and CMS Vaccine Mandate Decisions

On 13 January, 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 decision to stay the OSHA ETS, large private employers are no longer required to comply with the vaccination and testing provisions of the OSHA ETS. In contrast, as the CMS IFC was allowed to proceed, 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.

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.