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Guidance for employers following Supreme Court rulings on OSHA ETS and vaccine mandate for healthcare workers

Supreme Court stays the OSHA ETS

Now that the Supreme Court has reinstated a stay on the OSHA Emergency Temporary Standard that required employers of 100 or more employees to implement a “vaccine or test” policy, employers must decide how to proceed – with policies they may have already rolled out, with confidential medical information they may have already collected, and with expectations from employees on both sides of the COVID-19 vaccine divide. McDonald Hopkins’ Labor and Employment team has prepared guidance for employers on how to move forward with a continued focus on workplace safety and compliance.

Click here to learn what employers should do now that the OSHA ETS is stayed


Supreme Court gives go ahead to healthcare workers vaccine mandate

The vaccine mandate covering healthcare workers took the same journey to the Supreme Court as the broader OSHA ETS, but ended with a much different outcome – on January 13, the Supreme Court lifted the stay on the CMS emergency rule allowing for enforcement of the COVID-19 vaccination mandate for eligible staff at healthcare facilities that participate in the Medicare and Medicaid programs.

Click here for a refresher on the CMS vaccine mandate and guidance for covered healthcare employers on how to prepare for compliance.