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Morrison & Foerster LLP

01/14/2022 | News release | Distributed by Public on 01/14/2022 19:10

Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a "vaccine or test" mandate: it applied to employers with 100+ workers, and it would have required employees to either be fully vaccinated against COVID-19 or be tested weekly and wear masks at work. The now-enforceable rule, issued by the Department of Health and Human Services (HHS), is a vaccine mandate: it applies to healthcare workers at facilities participating in Medicare and Medicaid, and it requires them to be fully vaccinated against COVID-19.

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