The U.S. Supreme Court's decision to strike down the Occupational Safety and Health Administration's proposed vaccination mandate for private businesses was met with some sighs of relief across the rubber industry. Now, as OHSA withdraws the mandate and steps back to re-evaluate how to move forward, businesses and their respective associations are keeping an eye on the progress.
"Vaccination is a high priority for processors, in the sense that they overwhelmingly do not want it to be mandated," Tony Robinson, analytics director with the Association of Rubber Products Manufacturers, told Rubber News recently. " … There are legal gray areas with HIPPA, which they believe will be huge headaches. Who pays for the test and the paperwork? Insurance companies? The company?"
While it's unclear exactly what steps OSHA will take next, Aaron Goldstein, a partner in the international law firm of Dorsey & Whitney L.L.P., suspects that the regulations will be revised to establish guidelines and mandates that target specific types of workplaces.
"With the U.S. Supreme Court's unambiguous ruling that OSHA's current test or vaccinate rule will not survive judicial scrutiny, OSHA had no other realistic option than to withdraw that rule," Goldstein said. "The U.S. Supreme Court held that a broad test or vaccinate mandate that does not differentiate between workplaces with a lower level of risk of infection and harm, and workplaces with higher risks, will not survive judicial scrutiny."