On January 13, 2022, the Supreme Court, by a 6-3 vote, blocked the OSHA vaccine or testing mandate for private employers with 100 or more employees; however, the Court, by a 5-4 vote, allowed a vaccine mandate for certain health care workers to go into effect nationwide. With regard to the private employer vaccine/testing mandate, the Court left open the possibility of a more limited workplace mandate that applies to “particularly crowded or cramped environments.”
With this ruling, private employers previously subject to the OSHA ETS are not required to comply with the ETS. These employers may, however, be subject to state vaccine/testing mandates. Arizona has no such mandate. Employers are free to voluntarily implement a vaccine/testing mandate, provided they offer employees the opportunity to apply for an exemption based on a sincerely held religious belief or medical condition.