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January 19, 2022 • News

OSHA ETS Blocked While CMS Emergency Regulation Allowed

On January 13, the U.S. Supreme Court blocked the Occupational Safety and Health Administration (OSHA) from enforcing its Vaccination and Testing Emergency Temporary Standard (ETS), ruling that the agency was empowered to set workplace safety standards but not broad public health measures, as the COVID-19 pandemic would be considered. The Court ruled that while COVID-19 is a threat, it is one that is “untethered, in any causal sense, from the workplace.” However, the Court allowed the Centers for Medicaid & Medicare Services (CMS) emergency regulation for healthcare facilities to take effect nationwide.

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