Inside OSHA

January 22, 2022

Justices Doubt OSHA’s Claim Of ‘Clear’ Statutory Basis For Vaccine ETS

January 7, 2022 at 6:17 PM
Conservative Supreme Court justices appeared to doubt OSHA’s authority to issue its COVID-19 vaccine-or-testing emergency temporary standard (ETS), with several questioning whether Congress could have foreseen situations like the current pandemic when it wrote the OSH Act, and others asking if the standard is truly necessary to fight the coronavirus. During Jan. 7 oral argument in National Federation of Independent Business (NFIB) vs. Department of Labor , each of the court’s six conservatives variously expressed skepticism over OSHA’s statutory authority...

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