Businesses are whipsawed again as the Supreme Court blocks OSHA’s vaccine mandate.

January 14, 2022

The Supreme Court’s decision, which described OSHA’s rule as “a blunt instrument,” left open the possibility that the agency could issue a revised rule that is targeted at certain types of workplaces or is more clearly within its purview, such as requiring improved ventilation and personal protective equipment, Dr. Michaels said. It could also follow a more traditional rule-making process rather than the emergency one it used, though that could take years.

In the meantime, the court’s ruling could encourage states and local governments to go forward with their own requirements. That could create further complications for national employers.

“Local jurisdictions are going to look more carefully at the OSHA mandate and determine whether to adopt something similar,” said Domenique Camacho Moran, a partner in the labor and employment practice at the law firm Farrell Fritz.

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