January 21, 2022
Supreme Court Says Vaccine ETS Oversteps Limits On ‘Occupational’ Rules
The Supreme Court’s decision blocking implementation of OSHA’s COVID-19 vaccine-or-test emergency temporary standard (ETS) holds that the economy-wide rule is too broad to fit within the agency’s authority to regulate “occupational safety,” but also provides a roadmap for more targeted limits that could survive judicial review. “OSHA’s indiscriminate approach fails to account for this crucial distinction -- between occupational risk and risk more generally -- and accordingly the mandate takes on the character of a general public health measure, rather...
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