The Supreme Court’s Jan. 13 order blocking enforcement of the OSHA emergency temporary standard for COVID-19 vaccination is drawing strident responses from all political corners.
September 17, 2026
The Supreme Court’s decision blocking implementation of OSHA’s COVID-19 vaccine-or-test emergency temporary standard (ETS) holds that the economy-wide rule is too broad to fit within the agency’s authority to regulate “occupational safety,” but also provides a roadmap for more targeted limits that could survive judicial review.
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The Supreme Court has reinstated a nationwide stay of OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, holding that challengers to the rule are “likely to succeed on the merits” of their claims because the rule is broad enough to qualify as a “public health” mandate rather than an occupational standard.
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The Occupational Safety and Health Review Commission (OSHRC) appears to be raising the bar for rejecting employers’ appeals of OSHA enforcement actions when they miss litigation deadlines or otherwise fail to follow required procedures, holding in a new order that appellants must be allowed to show a “good faith effort” at participating in proceedings.
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Observers on all sides expect the Supreme Court to stay implementation of OSHA’s COVID-19 vaccine-or-testing standard in the coming days, leaving many employers uncertain on how to move forward after its first compliance deadline arrived on Jan. 10, especially as OSHA has yet to act on requests for extensions -- including from the Postal Service.
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OSHA has quietly resumed development of an emergency response standard intended to bolster protections for first responders after pausing the process late in the Obama administration, but stakeholders are warning that the eventual rule may exclude much of the sector as it is dominated by public-sector and volunteer workers outside OSHA’s purview.
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Conservative Supreme Court justices appeared to doubt OSHA’s authority to issue its COVID-19 vaccine-or-testing emergency temporary standard (ETS), with several questioning whether Congress could have foreseen situations like the current pandemic when it wrote the OSH Act, and others asking if the standard is truly necessary to fight the coronavirus.
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Public health groups are asking a federal appeals court to resume their lawsuit over OSHA’s 2019 rollback of Obama-era electronic recordkeeping and reporting mandates, after the agency failed to propose restoring the rule by the end of 2021 as it promised in an earlier filing -- though it now says the proposal will arrive by mid-February.
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State and national labor groups are asking a federal appeals court for an order that would force OSHA to reinstate its COVID-19 emergency temporary standard (ETS) for healthcare workers and quickly enact a permanent rule for the sector, teeing up what could be the first appellate decision on the agency’s ability to extend the six-month emergency regulations.
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As the Supreme Court prepares to hear oral argument in challenges to OSHA’s COVID-19 vaccine-or-test emergency temporary standard (ETS) and the Center for Medicare and Medicaid Services (CMS) mandate for health workers, legal experts say its decision could set new precedent curbing OSHA and other agencies’ regulatory authority.
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The Department of Labor’s (DOL) Office of Inspector General (OIG) is beginning an audit of OSHA’s response to a rise in “severe” worker injuries at retailers’ warehouse facilities that the watchdog says is a “consequence” of the COVID-19 pandemic, following months of claims by labor groups that the facilities have failed to provide accident protections.
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OSHA has released a new regulatory interpretation letter that says employers may allow workers who maintain facial hair because of a disability or closely-held religious belief to use loose-fitting powered air-purifying respirators (PAPRs) as alternatives to fitted N95 masks to protect against COVID-19 exposure.
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OSHA is providing new guidance for employers to review workers’ self-administered COVID-19 tests under its pandemic emergency temporary standard (ETS), warning that while such tests can satisfy the rule’s requirement for weekly testing of unvaccinated employees they must be either read or observed by a third party.
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OSHA has confirmed that it is withdrawing most of its COVID-19 emergency temporary standard (ETS) for healthcare facilities but says it still plans a permanent rulemaking for the sector and will continue enforcement action in the interim under the OSH Act’s general duty clause.
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EPA and several major tech companies have joined with an environmental group to spearhead a program aimed at reducing workers’ exposure to toxic chemicals in the electronics sector’s supply chain, with the first round of priority chemicals identifying substances like methylene chloride that are already subject to EPA regulation under TSCA.
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The Supreme Court announced Dec. 22 that it will hear oral argument Jan. 7 in litigation over both OSHA’s vaccine-or-test emergency temporary standard (ETS) for large employers and the Centers for Medicare and Medicaid Services (CMS) vaccine mandate for many health workers, linking the two high-profile challenges to federal pandemic powers.
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OSHA Dec. 21 allowed its COVID-19 emergency temporary standard (ETS) for healthcare workers to expire, spurring criticism from healthcare and workers’ rights advocates and calls for the agency to “expeditiously” issue a permanent standard to protect frontline medical workers amid a fresh spike in cases from the Omicron variant.
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A new decision by the Occupational Safety and Health Review Commission (OSHRC) holds for apparently the first time that road construction companies must adopt fall-protection measures for employees working from the backs of moving vehicles, but the panel took no clear position on what abatement methods the employers must use.
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OSHA plans to start enforcing its COVID-19 vaccination emergency temporary standard (ETS) on Jan. 10, with employer vaccine policies to take effect Feb. 9 -- provided employers make “good faith efforts” to comply -- after a three-judge panel of the U.S. Court of Appeals for the 6th Circuit voted 2-1 to dissolve an earlier order staying the rule.
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The California OSHA’s (Cal/OSHA) standards board has readopted -- and strengthened -- a controversial COVID-19 worker-safety emergency temporary standard (ETS) through next April, even as Gov. Gavin Newsom (D) authorized the board to continue the standard through the end of 2022 while officials continue to work on a permanent standard.
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