[20220121]LSB10689_最高法院维持OSHA疫苗接种和检测标准.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Stays OSHA Vaccination and Testing Standard January 21, 2022 On January 13, 2022, the U.S. Supreme Court stayed the enforcement of the Occupational Safety and Health Administrations (OSHAs) Coronavirus Disease 2019 (COVID-19) vaccination and testing emergency temporary standard (ETS) for employers with 100 or more employees. The ETS generally requires such employers to establish and enforce mandatory COVID-19 vaccination or testing policies. In a per curiam opinion, the Court concluded that staying the implementation of the rule was justified because the applicants, the National Federation of Independent Business and a coalition of States, were likely to succeed on the merits of their claim that OSHA lacks the statutory authority to issue such a standard. The Court maintained that the Occupational Safety and Health Act (OSH Act) authorizes the agency to establish only workplace safety standards and not “broad public health measures,” which, according to OSHA, would impact approximately 84.2 million employees. The Court indicated that, although COVID-19 is a risk that occurs