How the Vaccine Mandates Affect You!

Pandemic Planning

US Supreme Court Strikes Down the Biden Administration’s Vaccine or Test Mandate  

Employers in Massachusetts with 100 or more employees will no longer have to implement vaccination or testing requirements for their workforce. On Thursday, January 13 the Supreme Court blocked the Biden administration from enforcing its emergency rule mandating that workers at large businesses get vaccinated or undergo regular testing for COVID-19. Enforcement of testing was slated to begin on February 9, 2022.  

The Court ruled 6-3 against the Occupational Safety and Health Administration’s (OSHA) employer mandate. The Court wrote: “although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”  

The Supreme Court did allow the administration to proceed with a vaccine mandate for most health care workers in the U.S. This requirement applies to health care providers that receive federal Medicare or Medicaid funding. The ruling was approved by a 5-4 vote of the justices.  

OSHA’s Emergency Temporary Standard was announced in November and immediately challenged by both State Attorney Generals and several business groups. This special session of the Supreme Court fast-tracked the litigation and decided that OSHA failed to show evidence of “grave danger. ” This ruling resolves this issue for now.  

The federal government could reintroduce similar or new COVID-19 regulations as non-emergency regulations that would go through the traditional notice and comment process. The 6th Circuit could also reassess other issues in the case. 

AIM strongly encourages members to monitor the COVID-19 rules in their own municipality as some cities and towns have instituted private sector vaccine mandates for both patrons and workers at businesses open to the public like gyms, bars, restaurants.  

Members are encouraged to contact the Government Affairs team regarding federal, state, and local COVID-19 regulations.  

For additional issues on the new OSHA regulations please view the COVID-19 Vaccination and Testing ETS FAQ Sheet & Summary here.

Additional Resource:

We’re all still trying to sort out the vaccination mandates announced by President Biden on Sept 9th and our AIM Government Affairs team is staying on top of this issue on behalf of our members. We are awaiting guidance from OSHA and will schedule a briefing for members as soon as that guidance is available.   Recently, AIM hosted a series of forums that gave the opportunity to update you on the requirements. View the first session below:

September 16, 2021 – Pandemic Planning Session 1:

Learn more about Massachusetts COVID-19 Emergency Sick Leave Extension