Not surprisingly, particularly after a recent oral argument on January 7, 2022, the Supreme Court reinstated the national stay of OSHA’s ETS today. In doing so, the Court found that the petitioners were “likely to succeed on the merits.” As also expected, Justices Kagan, Sotomayor, and Breyer dissented from the decision. Many practitioners, including the co-authors of this blog, questioned OSHA’s authority to issue the ETS for reasons discussed in prior blogs.
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To Mask or Unmask; that is the Question
Every business in the United States has been asking itself these past few days whether to drop any requirements it may have for visitors or employees to wear face masks since the CDC changed its COVID-19 guidance related to masks and physical distancing for individuals who are fully vaccinated on May 13. It seems that national retailers are announcing every hour the past few days that “fully vaccinated” individuals, including their employees, will no longer be required to wear a mask before entering their stores.
Read MoreAdverse Vaccine Reaction: An OSHA Recordable Event or Not?
As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as the employer’s size, the industry, the nature of the employee’s duties, and the administrative burden and similar considerations that follow a mandatory policy. Many employers are reportedly also considering or offering “incentives” to employees to persuade them to receive the vaccine, even if not requiring them to do so.
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