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1 1 (January 21, 2022)

handle is hein.crs/govefdx0001 and id is 1 raw text is: a Congressional ______ *.Research Service Supreme Court Stays OSHA Vaccination and Testing Standard January 21, 2022 On January 13, 2022, the U.S. Supreme Court stayed the enforcement of the Occupational Safety and Health Administration's (OSHA's) Coronavirus Disease 2019 (COVID-19) vaccination and testing emergency temporary standard (ETS) for employers with 100 or more employees. The ETS generally requires such employers to establish and enforce mandatory COVID-19 vaccination or testing policies. In a per curiam opinion, the Court concluded that staying the implementation of the rule was justified because the applicants, the National Federation of Independent Business and a coalition of States, were likely to succeed on the merits of their claim that OSHA lacks the statutory authority to issue such a standard. The Court maintained that the Occupational Safety and Health Act (OSH Act) authorizes the agency to establish only workplace safety standards and not broad public health measures, which, according to OSHA, would impact approximately 84.2 million employees. The Court indicated that, although COVID-19 is a risk that occurs in many workplaces, if OSHA were allowed to regulate COVID- 19 when it is transmissible at home, in schools, during sporting events, and everywhere else that people gather, it is not an occupational hazard in most workplaces and OSHA's authority would be expanded significantly without clear congressional authorization. This Sidebar provides an overview of the ETS and the Court's decision, and concludes with a few considerations for Congress following the Court's stay. The OSH Act and Emergency Temporary Standards Congress enacted the OSH Act in 1970 to assure so far as possible every working man and woman in the Nation safe and healthful working conditions . . . . The law seeks to reduce the frequency and severity of work-related injuries and illnesses by promoting a comprehensive, nationwide approach to workplace safety, and authorizes the Secretary of Labor to promulgate occupational safety and health standards to protect workers. The Secretary has delegated this authority to the Assistant Secretary of Labor for Occupational Safety and Health, who acts as OSHA's administrator. While OSHA's safety and health standards generally do not become effective until the agency publishes a proposed standard in the Federal Register and offers interested parties an opportunity to comment, the OSH Act authorizes OSHA to promulgate ETSs that have immediate effect when specified conditions exist. Section 6(c)(1) of the OSH Act, codified at 29 U.S.C. § 655(c)(1), authorizes OSHA to issue an ETS that takes effect upon publication in the Federal Register if the agency determines that employees Congressional Research Service https://crsreports.congress.gov LSB10689 CRS Legal Sidebar Prepared for Members and Committees of Congress

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