On December 22nd, the Supreme Court announced that on January 7th, it will hear oral arguments over OSHA’s Emergency Temporary Standard (ETS), which requires employers with 100 or more employees to ensure that all employees are either fully vaccinated by January 4, 2022, or undergo weekly COVID-19 testing. It will also hear arguments for the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”), which is alive in 26 states and blocked in the remainder.
If you’re keeping track, this means that arguments will happen after the January 4th effective date. However, OSHA previously announced that it will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.
OSHA has not yet announced an extension of the January 10th deadline. While it’s possible the Court could make a fast decision between the hearings on January 7th and the January 10th deadline, employers should act prudently with this uncertain timeline and prepare for compliance.
Cascade is actively monitoring this issue and will provide more information as we learn more. Please visit our COVID-19 Resource Center for more information and resources to prepare for compliance.