The U.S. Supreme Court today voted 6-3 to block the Biden administration from enforcing a COVID-19 vaccine or testing mandate for employers with at least 100 workers.
In issuing its decision, the Supreme Court stated that “OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.”
“The Supreme Court ruling shows that OSHA clearly exceeded its authority by attempting to force more than 84 million workers to get COVID-19 vaccinations or compel them to submit to regular testing,” said NAHB Chairman Chuck Fowke. “NAHB strongly supports the efforts of the federal government to get as many Americans vaccinated as possible and has actively encouraged our members to make vaccines available to their workers. But using OSHA as the primary mechanism for this effort exceeds its statutory authority as a workplace safety agency.”
NAHB filed a Petition for Review challenging OSHA’s rule and is pleased with the Supreme Court decision, especially since it indicated that OSHA has the authority to “set workplace safety standards, not broad public health measures.”
NAHB’s main objection was that OSHA failed to take into consideration whether the employees of certain industries, such as home building, were more or less at risk from COVID. Read More