The Latest      —

The Supreme Court Stays the OSHA ETS; CMS Vaccine Mandate for Healthcare Workers Goes Forward

Written on .

Yesterday, we received decisions from the US Supreme Court on the status of the OSHA COVID-19 ETS and the CMS vaccine mandate for healthcare workers. As I predicted, the OSHA ETS has been stayed, and the CMS mandate has been allowed to go forward.

Why were the two vaccine mandates treated differently? Short answer: the Court found that the fact that CMS has authority to regulate the health and safety of patients gave it authority to issue the vaccine mandate, while the Court also found that OSHA’s authority to issue an ETS to address a “grave danger” in the workplace did not extend to COVID-19. This is a gross oversimplification, but you get the idea.

Many employers with more than 100 employees are breathing a sigh of relief that they are no longer required to engage in the logistically difficult task of regular COVID-19 testing of workers. Employers still need to follow OSHA and CDC guidance regarding COVID-19 precautions such as social distancing and masking. And with the highly contagious nature of the Omicron variant, employers need to take steps to minimize the spread of infection in the workplace for reasons of worker health and to minimize worker absenteeism.

As for employers of healthcare workers, you need to review recent CMS Guidance that provides detailed information on how surveyors will review facilities for compliance with the vaccine mandate.

Kathleen J. Jennings
Principal | Email: kjj@wimlaw.com
Kathleen J. Jennings is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

box on white table in a white room indoors

E25: What Are Ban the Box Laws?

This week we explore the topic of Quiet Firing and how it can cause employers legal trouble in the workplace. In this week’s episode, re...
Rehabbed non functioning gas station, outdoors

With Inflation High, Union Wages Not Keeping Up

For the past year, compensation for workers with non-union jobs is rising faster than those represented by a union. Wages for non-union w...
woman outdoors, two doors, red and blue choice

Considerations for Employers Dealing with Abortion Issues

The Supreme Court decision in Dobbs v. Jackson Women's Health on June 24, 2022, returned abortion issues to the states, allowing each sta...
handing a payment card to someone

EEOC Issues Study about the Effect of Requesting Pay Data from Employers

A July study was released about the effect of the race and gender pay data the Equal Employment Opportunity Commission (EEOC) collected f...
covid stats, deaths and recovered

What You Should Know about Recent EEOC Covid-19 Guidance

On July 12, 2022, the EEOC announced new guidance concerning COVID-19.  The most important change is that the prior guidance stated that ...
Feather on the lake

E24: How is Quiet Firing Related to Quiet Quitting?

This week we explore the topic of Quiet Firing and how it can cause employers legal trouble in the workplace. It's the follow-up to last...
  • Home
  • Articles
  • The Supreme Court Stays the OSHA ETS; CMS Vaccine Mandate for Healthcare Workers Goes Forward

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts


Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© 2022 Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM