The United States Supreme Court issued an opinion on Thursday January 13, 2022, addressing two Biden Administration vaccine mandates.

OSHA Emergency Temporary Standard (ETS)

The OSHA ETS applied to employers with 100 or more employees and required employers to determine vaccination status of all employees and either (1) mandate vaccination for covered employees, or (2) require regular testing and face covering mandates for unvaccinated employees. On Thursday January 13th the Supreme Court issued its opinion striking down the OSHA standard and blocking its enforcement. Minnesota Occupational Health and Safety Administration (MNOSHA) had previously adopted the federal COVID-19 ETS by reference but has suspended enforcement of the ETS in light of the U.S. Supreme Court’s decision. While this ruling prohibits OSHA from enforcing its ETS, this ruling does not prohibit individual employers of any size from implementing vaccination, testing, or face covering policies within their workplace which are otherwise consistent with state and federal law.

Center for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR)

The Supreme Court also issued its decision regarding the Center for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) regarding COVID-19 vaccinations for certain health care workers. This vaccination mandate (which is separate and distinct from the OSHA ETS) applies to all eligible staff working at a facility that participates in Medicare and Medicaid programs. In its January 13th decision, the Supreme Court upheld the CMS IFR, finding that the “rule falls within the authorities that Congress has conferred upon [the Health and Human Services Secretary].” Accordingly, CMS is permitted to enforce its Interim Final Rule regarding COVID-19 vaccinations, and this vaccination requirement pre-empts any state law contrary to the federal requirement.

We will continue to monitor these situations and provide updates as they are available. If you have questions about the OSHA Emergency Temporary Standard, the CMS Interim Final Rule, how to implement a vaccination/testing/face covering policy, or how this litigation update applies to your business, contact one of the employment law attorneys at Blethen Berens – Julia Ketcham Corbett, Beth Serrill, or Alyssa Nelson.