The Occupational Safety and Health Administration announced Tuesday that it is pulling the Biden administration's vaccine-or-test rule for large employers about two weeks after the Supreme Court blocked the rule from going into effect.
"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, to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to coronavirus," the agency wrote in a release, noting the withdrawal is effective Wednesday.
In a 6-3 decision on Jan. 13, the high court had ruled that OSHA's vaccine-or-test rule on businesses with at least 100 employees was an overstep in federal authority.
"OSHA has never before imposed such a mandate," the opinion reads. "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 rule would have impacted about 84 million workers nationwide.
"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 opinion read. "Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category."
OSHA's press release says that the agency is "not withdrawing the ETS as a proposed rule" and "is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard."
"OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace," the release concludes.
Liberal Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan had dissented from the court's ruling, saying the emergency standard "falls within the core of the agency’s mission: to 'protect employees' from 'grave danger' that comes from 'new hazards' or exposure to harmful agents" and noting that OSHA estimates the rule would have saved 65,000 lives and prevented more than 250,000 hospitalizations in six months.
"Yet today the Court issues a stay that prevents the Standard from taking effect," they continued. "In our view, the Court’s order seriously misapplies the applicable legal standards. And in so doing, it stymies the Federal Government’s ability to counter the unparalleled threat that COVID–19 poses to our Nation’s workers."
"When we are wise, we know not to displace the judgments of experts, acting within the sphere Congress marked out and under Presidential control, to deal with emergency conditions," the court's liberals wrote in their blistering dissent. "Today, we are not wise."
"In the face of a still-raging pandemic, this Court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed," they continued. "As disease and death continue to mount, this Court tells the agency that it cannot respond in the most effective way possible."
News of the OSHA withdrawal was first reported by Bloomberg.