Today, the Supreme Court of the United States handed down a 6-3 decision granting a stay for the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), following arguments last Friday from the American Bakers Association in partnership with other petitioners.
This decision means OSHA cannot proceed with the implementation and enforcement of the ETS while the lower Court considers the merits of the case. Therefore, OSHA cannot enforce the ETS which went into effect on Monday, January 10, 2022.
“We are encouraged the Supreme Court agreed this emergency standard could cause irreparable harm on our industry’s ability to feed Americans,” said Robb MacKie, President and CEO, ABA. “Even with the stay in the implementation of the ETS, our members will continue to do everything in their power to keep employees safe, including encouraging COVID-19 vaccinations and following all relevant safety CDC recommendations. We look forward to continuing to focus on feeding Americans as this public health emergency continues.”
ABA will provide more analysis and details on the decision in the coming days. Please do not hesitate to contact ABA with questions or concerns.
