Huntsville, Madison County Reacts to SCOTUS Ruling on OSHA Mandates
First the coronavirus vaccine mandates were back in, then the nation’s Supreme Court said “nope.’’ At least part ways.
The Occupational Safety and Health Administration (OSHA) recently, through a court ruling, put back into play a White House mandate for any large business with at least 100 employees to require a vaccine or testing for said employees.
Thursday, the Supreme Court of the United States (SCOTUS) shot that down with a ruling of 6-3 along right-to-left lines.
However, that same SCOTUS left in place an ordinance requiring healthcare workers to follow the OSHA rules.
The yo-yoing of guidelines relating to the COVID-19 pandemic has left businesses and workers wondering what’s coming next.
“Everyone’s doing their best to keep up,’’ said Lucia Cape, senior vice president of economic development and workforce for the Huntsville-Madison County Chamber of Commerce. “They want to be compliant. Not only is it changing, but every time it changes it’s a different set of rules to follow and it’s just a lot of time spent on compliance versus what compliance is supposed to do, which is increase productivity.
“People want to do the right thing, but it’s hard when it keeps changing.’’
This much seems to be certain: No one in the business community can be sure the goalposts won’t move again. But Cape said the feedback the Chamber has received is that businesses are willing to do what’s necessary to stay in compliance.
“We haven’t really convened any groups to discuss it for a few months,’’ she said. “The contracting community and federal contractors were one of the early groups that were identified as needing to be compliant. So when we did talk with them early on their feeling was they were going to do everything they can to stay in compliance because there were repercussions.
“But again, it is a challenge when things keep shifting and (businesses) get to a deadline and then the deadline slips and they’ve been working for that deadline. It creates a very challenging environment.’’
In December, online reports stated the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA’s so-called “vaccinate or test” Emergency Temporary Standard (ETS). Consequently, covered employers with 100 or more employees would be required to comply with the ETS under the newly announced deadlines of January 10, 2022 for all non-testing requirements and February 9, 2022 for testing requirements.
But Thursday, SCOTUS blocked the mandate except for healthcare workers.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,’’ the court’s opinion said. “Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees certainly falls in the latter category.’’