UPDATE 1/14/2022:
Well, that didn’t last (mostly). Let’s get into it. There were two cases: One surrounding OSHA possibly overreaching when issuing it’s mandate for the workplaces that have over 100 employees and the other surrounding CMS and trying to put a stay on the injunctions against their rule in certain states.
OSHA
SCOTUS determined that OSHA was being too broad. The Court opined that targeted regulations are plainly permissible “where the virus poses a special danger because of the particular features of an employee’s job or workplace.” Examples of this would be researchers who work with the COVID–19 virus or someone who works in a particularly crowded or cramped environment. OSHA’s standard applying to every workplace with 100 or more employees (without consideration to the actual work conditions) is too broad. OSHA was determined to be attempting to broaden their scope from occupational risk to risk more as a general public health measure. It looks like OSHA’s heart was in the right place, but they overstepped their bounds. The OSH Act requires employers maintain a workplace “free from recognized hazards.” The only issue with this is that the actual hazard has to exist. So, OSHA would have to prove that COVID-19 is in the workplace, not just that some employee might have it. This is tough to prove and so states will now decide for themselves exactly how they want to regulate employers.
CMS
A much better outcome! SCOTUS stayed the injunctions ordered against the CMS rule. The Court opined that a vaccine mandate is “necessary to promote and protect patient health and safety in the face of the ongoing pandemic” and that it would be worth any kind of staffing shortages, even in rural communities.
ORIGINAL POST (11/4/2021):
By Suraj A. Vyas | 4 min read
We got a vaccine mandate! For now. This is going to get challenged everywhere, but let’s celebrate for a day! OSHA has issued a new rule: Companies with 100 or more employees are required to have their employees fully vaccinated or submit weekly negative COVID-19 tests. Workers will get PTO for vaccination and working through side effects. On the other hand, those who opt to remain unvaccinated will not get reimbursed for weekly COVID-19 tests. This is fantastic news! Unvaccinated individuals are also required to wear masks starting on December 6.
A quick medical note: The virus people are being exposed to is SARS-CoV-2. The disease caused by SARS-CoV-2 is called COVID-19. I’m going to use COVID-19 throughout this blog post just because that’s what most people know it as and this is meant to be an easy-to-digest legal blog post for the masses more than a medically-sound post. For the most up to date information, visit the CDC and WHO websites. Back to the blog post:
Even better news: Healthcare workers cannot avoid vaccination by opting to provide negative tests. They all have to get vaccinated. Biden has the same rule for federal workers (full vaccination for employees by November 22 and contractors by January 4). Now, we wait and see how this plays out in the court system. We have a ton of nutjobs in this country and it’s likely that anything related to vaccines will be challenged and taken up to the Supreme Court of the United States. Here’s hoping to a brighter future though. One small step at a time.
Learn more about this topic and get in touch with The Law Offices of Suraj A. Vyas through social media @SAVLawFirm
