The majority opinion in the Supreme Court ruling said OSHA’s mandate was too broad: “It draws no distinctions based on industry or risk of exposure to COVID-19.” The mandate did not differentiate between the differing risk levels of contracting the virus across different professions, the opinion read.
If the Biden administration chooses, it can pursue a revised mandate using the Supreme Court’s ruling as a guideline. “OSHA can move forward and issue a risk-based standard that’s focused on workplaces where the risk of COVID exposure is elevated,” said former agency Director David Michaels, PhD. This could mean focusing on workplaces such as meat and poultry packing facilities and healthcare facilities. However, there has been no indication OHSA will issue a new rule, according to The Lancet.
Without the mandate, private employers are free to decide whether to mandate vaccination.
“Some companies are going to continue to protect the health of both their employees and the public by doing voluntarily what OSHA had required them to do,” said constitutional law expert and Harvard University professor Lawrence Tribe.
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