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Thursday, January 13, 2022

January 13, 2022. In a six to three ruling today, the U.S. Supreme Court blocked an Occupational Safety and Health Administration rule that would have required employers with more than 100 employees to show proof that employees were vaccinated against COVID-19 or took weekly COVID-19 tests.

“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 said in an unsigned opinion.

This decision means that Vermont municipalities with more than 100 employees do not need to prepare for and implement the potentially complex and time-consuming requirements that were outlined in OSHA's Emergency Temporary Standard (ETS). The Vermont Occupational and Safety Administration (VOSHA) has indicated that it will not be moving forward with an emergency temporary standard of its own.

All municipalities are nonetheless encouraged to abide by existing COVID-19 guidance from the CDC and the Vermont Department of Health. Here is a helpful Decision Tree for people who have been exposed to COVID-19. Updates will be posted on VLCT's COVID-19 Resources webpage.