Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

Morrison & Foerster – The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ workers, and it would have required employees to either be fully vaccinated against COVID-19 or be tested weekly and wear masks at work. The now-enforceable rule, issued by the Department of Health and Human Services (HHS), is a vaccine mandate: it applies to healthcare workers at facilities participating in Medicare and Medicaid, and it requires them to be fully vaccinated against COVID-19.