OSHA scraps rule mandating vaccines for large employers after SCOTUS decision
The agency is not, however, withdrawing the emergency temporary standard as a proposed rule, saying it will work on a permanent standard.
Photo: Morsa Images/Getty Images
Less than two weeks after the Supreme Court blocked a Biden administration rule that employees of large companies get vaccinated or undergo regular COVID-19 testing, the White House has officially scrapped the rule, though it strongly encouraged workers to get their shots.
The U.S. Department of Labor's Occupational Safety and Health Administration made the announcement Tuesday, saying it was withdrawing the vaccination and testing emergency temporary standard that had been in place since Nov. 5. The withdrawal is effective starting today.
The agency is not, however, withdrawing the ETS as a proposed rule.
"The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard," OSHA wrote in its statement.
WHAT'S THE IMPACT?
The Supreme court struck down the rule in a pair of rulings earlier this month that were split on the issue of vaccine mandates. While the justices ruled against the mandate that employees of large companies either get vaccinated or tested weekly, they upheld the federal mandate for healthcare workers in facilities that accept Medicare and Medicaid funding to get vaccinated.
The ruling against the OSHA mandate – which applied to companies with 100 or more employees – came in a 6-3 decision and blocked the mandate from taking effect while challenges moved through the court system. According to National Review, the case was set to return to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, but outstanding legal proceedings will be dropped now that the Labor Department has rescinded the rule.
The White House had estimated that the requirement would cover 4 million workers, according to NBC News.
The OSHA mandate applies to 84 million Americans, telling them to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense, the majority said. The law empowers the secretary of the agency to set workplace safety standards, not broad public health measures.
The justices did not determine whether the mandates were legal but whether they were allowed to stand.
As for the other vaccine mandate, which the White House passed down in September, the Supreme Court did allow the healthcare worker mandate to continue, in a 5-4 decision.
In that ruling, the justices said the core mission of the Department of Health and Human Services is to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients' health and safety.
In many facilities, 35% or more of staff remain unvaccinated, according to the ruling. The COVID-19 virus can spread rapidly among healthcare workers and from them to patients, and it's more likely when healthcare workers are unvaccinated.
THE LARGER TREND
Since the vaccine mandate for healthcare workers still stands, the Centers for Medicare and Medicaid Services has set a March 15 deadline for such workers to get their shots.
This applies to healthcare facilities that accept Medicare and Medicaid in the 24 states subject to the Supreme Court ruling. The decision upholds the CMS mandate, at least temporarily, as the requirement is challenged on appeal. CMS released the guidance the day after the Supreme Court decision.
Other states have until Feb. 28 to ensure healthcare workers have been fully vaccinated. In these states, the vaccine mandate was not blocked.
The mandate remains blocked in Texas as that state had brought its own lawsuit separate from the cases brought before the Supreme Court.
The CMS guidance applies to Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming.
Twitter: @JELagasse
Email the writer: jeff.lagasse@himssmedia.com
