Court Blocks OSHA Testing Mandate for Private Employers, Leaves Open Industry-Specific Rules

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In a divided decision, the U.S. Supreme Court enjoined the enforcement of OSHA's Emergency Temporary Standard  requiring employers with 100 or more employees to administer Covid-19 vaccine-or-testing rules, holding that "OSHA’s indiscriminate approach fails to account for this crucial distinction—between occupational risk and risk more generally - and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard.”   The Court did allow the mandate for healthcare facilities that participate in Medicare and Medicaid.
We anticipate new industry-specific rules in the future, as the Court expressly stated, "Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible. OSHA could regulate risks associated with working in particularly crowded or cramped environments. But the danger present in such workplaces differs in both degree and kind from the everyday risk of contracting COVID–19 that all face."  
We have already gotten questions, one of which is, "Can a private employer still implement vaccine mandate without an OSHA rule?" Answer: Yes
Employer COVID Resources here

Read Court decision here