Last month the U.S. Supreme Court blocked President Joe Biden’s COVID-19 federal mandate that required employees of large private businesses to be fully vaccinated or frequently tested for COVID-19. However, vaccine-or-test mandates remain in place for healthcare workers and students.
The decision was made on Jan 13. which came three days after the Occupational Safety and Health Administration’s emergency temporary standard went into effect. An emergency temporary standard is set by OSHA when the department determines that workers are in grave danger and need to be protected.
The standard is published by OSHA in the Federal Register where it takes effect immediately but can be challenged in a suitable U.S. Court of Appeals.
Although the 6th U.S. Circuit Court of Appeals green-lighted OSHA’s mandate, the U.S. Supreme Court did not. The justices reasoned that OSHA had overstepped its authority in passing the emergency temporary standard.
Simultaneously, the Supreme Court upheld a regulation emanated by the Centers for Medicare and Medicaid Services that instructs most healthcare employees to be vaccinated.
The vote to rule against the vaccine-or-test mandate was six to three, as stated by the high court in an unsigned six-to-three opinion.
“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 Supreme Court stated.
The three liberal-leaning judges, Justices Stephen G. Breyer, Sonia Sotomayer and Elena Kagen, voiced the dissenting opinion in the ruling. They posed the question of how the majority can rule against the mandate without having the expertise in workplace health and safety to protect American workers from COVID-19.
“As disease and death continue to mount, this court tells the agency that it cannot respond in the most effective way possible,” said the dissenting judges. “It undercuts the capacity of the responsible federal officials, acting well within the scope of their authority, to protect American workers from grave danger.”
The vaccine-or-test mandate requirements were applied to large private businesses with over 100 employees. In compliance with the mandate, employees would have to be fully vaccinated or obtain a negative COVID-19 test on a weekly basis and wear face masks while in the workplace.
Despite the blocked vaccine-or-test ruling, the mandate was presented to a lower court to determine which course of action the case will take and what decisions will be made.
OSHA recently released a statement in regards to the status of the vaccination and testing emergency temporary standard.
“The U.S. Department of Labor’s Occupational Safety and Health Administration is withdrawing the vaccination and testing emergency temporary standard issued on Nov. 5, 2021,” stated OSHA.
The withdrawal went into effect on Jan. 26, 2022. OSHA continued the statement and addressed how the agency is using its sources to work on a permanent COVID-19 healthcare standard.
Jesse Sweeterman, a second-year student at Moorpark College, conveyed his thoughts towards the ruling.
“I think that it’s a very good decision the mandate was blocked because we have a right to our own medical freedoms and [the mandate] imposes on those rights,” said Sweeterman.
It is still required to be fully vaccinated in California for schools K-12, community colleges and universities. As of Spring 2022, the Ventura County Community College District has required students who attend on-site classes to be fully vaccinated or have an approved religious or medical exemption.
Moorpark College has transitioned courses to remote learning due to the surge in COVID-19 cases and will remain online until Feb. 14.
All health and safety protocols will remain in place on campus once the courses transition back to on-site. Some of these protocols include daily screening and twice-weekly testing for students who have verified exemptions.
As of Feb. 15, Governor Gavin Newsom has announced the indoor mask mandate will be lifted for those who are vaccinated. Test stations provided by LabLINQ will remain open to serve individuals who need to acquire a COVID-19 test.
For more information and updates regarding COVID-19 and testing sites nearby, click here. To view locations and book appointments, visit the website here.
