Mandatory Covid-19 Vaccination for U.S. Labors: Case I
In November 2021, the Occupational Safety and Health Administration (OSHA) issued an order targeting the majority of the workforce in the State. Employers with more than 100 employees must enforce the issued order and approximately 84 million workers will be subject to this regulation: Workers must be vaccinated with the COVID-19 vaccine or be screened negative weekly at their own expense and wear a mask at work. The issued order overrides the states laws as well. States, employers and nonprofits challenged the tethering order. The Fifth Circuit Court of Appeals was the first to stay the order; the Sixth Circuit later consolidated and reversed the Fifth Circuit’s decision, holding that the order did not exceed the authority of the OSHA. The claimant sought emergency relief from the Supreme Court. The Court held that the Occupational Safety and Health Act only authorizes OSHA to specialize in occupational hazards and worker safety and health, and does not encompass a wide range of public health measures; the risk of COVID-19 infection is not unique to every occupation and varies in magnitude, and OSHA exceeded its authority by requiring all workers to be vaccinated without explicit congressional authorization. Accordingly, the Supreme Court stayed the application of the order at issue.