In National Federation of Independent Businesses v. Department of Labor, a majority of the Supreme Court stayed enforcement of OSHA’s COVID-19 vaccination and testing regulations. The standard issued by OSHA applies to all individuals working for employers with 100 or more employees. It requires that covered workers receive a COVID-19 vaccine or obtain a COVID test each week at their own expense and on their own time.
Back in September 2021 when President Biden announced OSHA would be working on the vaccine mandate, we predicted that it would not survive judicial scrutiny because such a standard is alien to OSHA’s mission
