On January 13, 2022, the Supreme Court overturned OSHA’s vaccine or testing rule citing a lack of authority by the agency.” 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 court stated in its majority opinion. OSHA responded saying it “will do everything in its existing authority to hold businesses accountable for protecting workers, including under the Covid-19 National Emphasis Program and General Duty Clause” which obligates employers to provide a workplace “free from recognized hazards.” https://www.osha.gov/coronavirus
The Supreme Court has upheld the vaccine requirement for healthcare facilities through the Centers for Medicare & Medicaid Services. This rule requires vaccination of all employees in healthcare facilities that receive federal funding and does not include an option for testing. https://www.cms.gov/newsroom
The National Safety Council has developed the SAFER Framework, guidelines to help employers maintain workplace safety as they return employees to the work environment. https://www.nsc.org/work-safety/safety-topics/safe-actions-for-employee-returns-safer
The American Industrial Hygiene Association has developed free resources for businesses to help prevent the spread of Covid-19. Specific workplace guidelines are available for a variety of industries, including restaurants, retail, childcare centers, and salons. https://www.backtoworksafely.org