On December 22, 2021, the U.S. Supreme Court announced it will fast-track oral arguments on challenges to the federal OSHA Emergency Temporary Standards (ETS). As discussed here, the Sixth Circuit Court of Appeals lifted its stay of OSHA’s ETS on December 17, 2021 subjecting all employers with 100 or more employees to its new vaccination protocols.  

The question before the Court centers on Congressional authority for President Biden’s mandate that OSHA act to regulate workplace vaccination protocols. Full arguments before the Court will be held on January 7, 2022 signaling an expedited ruling ahead of the Sixth Circuit’s current January 10, 2022 and February 9, 2022 deadlines.  

Members with questions about OSHA’s ETS should contact Western Growers.