Today, the United States Supreme Court (SCOTUS) blocked OSHA’s Emergency COVID-19 Vaccination and Testing Standard (ETS) from taking effect. As a reminder, the ETS would have required employees at companies with 100 or more employees to either be fully vaccinated or tested for COVID-19 at least weekly. In its ruling, SCOTUS stated that the ETS went beyond OSHA’s authority.
With the ETS invalidated, it is important to note that Oregon’s OSHA now must determine whether to implement its own state-mandated ETS plan or cease development and implementation.
In a separate ruling issued by SCOTUS today, the Court lifted its hold on the Centers for Medicare and Medicaid (CMS) vaccine mandate for healthcare workers. As a reminder, the CMS mandate requires all employees at hospitals or other medical facilities that receive Medicare or Medicaid payments from the federal government to be fully vaccinated against COVID-19 unless exempt for medical or religious reasons. SCOTUS upheld the CMS mandate stating that Congress authorizes the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services. This may not have a huge impact in Oregon, where a mandate for healthcare workers is already in effect. However, healthcare organizations should review to determine if their organization is covered by the CMS mandate, if not already covered by Oregon’s mandate, and if any employees not currently covered under Oregon would be covered under the CMS mandate.
This decision does not have any impact on employers that have established their own vaccine mandate and/or testing programs. Employers may still choose to adopt these programs on their own.
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.