"5 Questions After High Court Smacks Down Vax-Or-Test Rule," Law360

January 14, 2022

In an article published by Law360 on January 14, 2022, Gail Holtzman discusses the U.S. Supreme Court's ruling effectively killing the Occupational Safety and Health Administration's (OSHA) COVID-19 vaccine-or-testing rule. The ruling muddies the waters of how OSHA and employers should respond to the ongoing pandemic. 

The high court majority blocked enforcement of the controversial emergency temporary standard issued by OSHA in November that required businesses with at least 100 workers to mandate weekly testing and masking for workers or opt for a vaccination requirement. 

"I can't say that I was shocked by the decision, but there are a lot of open questions now," said Holtzman. She went on to explain, "I think what we could expect is OSHA… sitting down and looking at the tools in its toolbox as to what it can do to ensure safety and health. And I will note that in the opinion, the court left open the possibility of future regulations that would more likely withstand scrutiny."

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