The U.S. Supreme Court recently ruled to stop the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing, pending a review by the 6th Circuit Court of Appeals.
Labor Secretary Marty Walsh expressed his displeasure with the ruling in a Jan. 13 statement released by the Department of Labor, saying that OSHA stands by the ETS as the best way to protect workers from COVID-19, which he noted has killed nearly a million Americans and infects 750,000 U.S. citizens each day.
“I am disappointed in the court’s decision, which is a major setback to the health and safety of workers across the country,” Walsh said.
According to a report by JDSupra, the Supreme Court decision to block the Emergency Temporary Standard is just one recent portion of the ongoing debate of vaccine standards across the country. Separately, the Supreme Court upheld a Health and Human Services rule that requires employees of health care providers who participate in Medicare and Medicaid to get a Covid-19 Vaccine.
In the case of the OSHA ruling, Walsh said in the statement that despite the outcome of the proceedings, OSHA is doing everything in its power to hold businesses accountable in protecting workers through the COVID-19 National Emphasis Program and General Duty Clause.
“OSHA promulgated the ETS under clear authority established by Congress to protect workers facing grave danger in the workplace, and COVID is without doubt such a danger,” Walsh said. “The emergency temporary standard is based on science and data that show the effectiveness of vaccines against the spread of coronavirus and the grave danger faced by unvaccinated workers."
Walsh explained the need for the programs.
"The commonsense standards established in the ETS remain critical, especially during the current surge, where unvaccinated people are 15-20 times more likely to die from COVID-19 than vaccinated people," he said.
OSHA will evaluate options to ensure workers are protected from COVID-19, Walsh said. He asked employers to continue to require workers to get vaccinated or be tested on a weekly basis.
