The Supreme Court may have tossed President Joe Biden's plans for widescale COVID-19 vaccination requirements at large businesses, but that doesn't mean mandates are completely dead.
Audrey LaForest, a reporter for our sister paper Automotive News (and former PN staff writer) writes that the court's opinion leaves open the potential for the Occupational Safety and Health Administration to issue a narrower set of regulations for specific work environments, such as manufacturing. The court already upheld mandates for health care workers.
"At the very least, manufacturers can expect to be subject to citations for [OSHA] General Duty Clause violations where there are COVID outbreaks tied to workplace exposures," James Hermon, a member in Dykema's labor and employment practice group, told Automotive News. "It is also possible that states and localities will issue their own health and safety requirements, creating a confusing patchwork of regulation that companies with facilities in multiple locations will have to navigate."
In case you missed it, on Jan. 14, OSHA said it would levy fines against an Ohio automotive plastics supplier for a death related to a COVID outbreak at the plant. Officials from Sanoh America Inc. told PN's Steve Toloken OSHA did not indicate how it could place the blame on a workplace when there was a surge in cases across the community.