Policies & IssuesDec 06, 2021
De Beers Owner to Require COVID-19 VaccinationsPolicies & IssuesFeb 01, 2022
OSHA Withdraws ‘Vaccine or Testing’ Mandate
The Supreme Court recently blocked the emergency temporary standard, but OSHA may still have a path forward.
The U.S. Department of Labor’s Occupational Safety and Health Administration withdrew its “vaccine or testing” emergency temporary standard after the Supreme Court blocked it. However, OSHA said it is not withdrawing the ETS as a proposed rule.
New York—The U.S. Department of Labor’s Occupational Safety and Health Administration has withdrawn its “vaccine or testing” mandate following the Supreme Court’s decision to block it.
The vaccine or testing mandate dictated that companies with 100 or more employees were required to have workers vaccinated against COVID-19 or be tested weekly and wear masks.
The withdrawal was effective as of Jan. 26.
OSHA made the initial announcement about the Emergency Temporary Standard (ETS) in November, and immediately was met with pushback, including from the National Retail Federation, which filed a lawsuit to challenge the rule.
The mandate has been through the legal gauntlet in recent months, first getting blocked by the U.S. Court of Appeals for the Fifth Circuit. The Sixth Circuit court later let it go forward, but it ended up in front of the Supreme Court.
In a 6-3 decision on Jan. 13, the Supreme Court ruled that OSHA had exceeded its statutory authority in implementing this mandate and blocked it from going forward.
“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,” wrote the court’s conservative justices, who voted together to block the mandate.
“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.”
Related stories will be right here …
The vaccine or testing mandate dictated that companies with 100 or more employees were required to have workers vaccinated against COVID-19 or be tested weekly and wear masks.
The withdrawal was effective as of Jan. 26.
OSHA made the initial announcement about the Emergency Temporary Standard (ETS) in November, and immediately was met with pushback, including from the National Retail Federation, which filed a lawsuit to challenge the rule.
The mandate has been through the legal gauntlet in recent months, first getting blocked by the U.S. Court of Appeals for the Fifth Circuit. The Sixth Circuit court later let it go forward, but it ended up in front of the Supreme Court.
In a 6-3 decision on Jan. 13, the Supreme Court ruled that OSHA had exceeded its statutory authority in implementing this mandate and blocked it from going forward.
“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,” wrote the court’s conservative justices, who voted together to block the mandate.
“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.”
In their dissent, the court’s three liberal justices argued that OSHA does have the right and the expertise to impose the mandate, arguing that the court lacks public health knowledge and is “insulated from responsibility for any damage it causes."
“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,” wrote the judges in the dissent.
“As disease and death continue to mount, this court tells the agency that it cannot respond in the most effective way possible. Without legal basis, the court usurps a decision that rightfully belongs to others. It undercuts the capacity of the responsible federal officials, acting well within the scope of their authority, to protect American workers from grave danger.”
In a statement following the Supreme Court’s ruling, President Joe Biden called on states and employers to voluntarily implement vaccination requirements to protect workers.
“The court has ruled that my administration cannot use the authority granted to it by Congress to require this measure, but that does not stop me from using my voice as president to advocate for employers to do the right thing to protect Americans’ health and economy,” said Biden.
Though the Court has made its decision, there may still be a path forward for OSHA.
“Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule,” OSHA said in a statement on its website.
“The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”
The agency said it continues to encourage workers to get vaccinated to avoid the dangers posed by COVID-19 in the workplace.
In a separate case, the Supreme Court ruled in a 5-4 decision on Jan. 13 that the COVID-19 vaccine requirement for healthcare workers, implemented by the Centers for Medicare & Medicaid Services, could go into effect as the appeals process continues.
For more information about COVID-19 and vaccinations, visit the Centers for Disease Control and Prevention’s website.
Editors' Picks
Sponsored by
More on Policies & Issues
The Latest
CollectionsJul 17, 2026
HOWL Taps Shailene Woodley for ‘Home Sweet Home’ CampaignWoodley is seen in the campaign wearing our Piece of the Week, the “Frida” collar featuring 13 pieces of hand-carved Venetian glass.
SourcingJul 17, 2026
U.K. Woman Pays £5 for £15K Diamond Ring at Car Boot SaleA WeBuyVintage jewelry expert uncovered how much the flea market find was actually worth.
SourcingJul 17, 2026
Diamond Dealer Jeff Pancis Pens MemoirThe founder of natural colored diamond wholesaler Pancis Gems shares stories from his five decades in the industry.
Brought to you by
Wedding Band Trends 2026: Personalization Takes Center StageColored gemstones, artisan finishes, mixed metals, and meaningful details are shaping demand in bridal jewelry.
Events & AwardsJul 17, 2026
Gem Awards Opens 2027 Nomination PeriodSubmissions for the milestone 25th annual Gem Awards will be accepted across three categories from now through July 31.
Weekly QuizJul 17, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
EditorsJul 16, 2026
Q&A: Guzema’s Co-Owners On Its US Expansion, 10-Year AnniversaryValeriya Guzema and Mariana Lenha look back on the last decade and discuss the Ukrainian brand’s first U.S. store.
SourcingJul 16, 2026
Ekati to Close, Leaving Canada With One Diamond Mine The diamond mine, which opened nearly 30 years ago in Canada’s Northwest Territories, is expected to shut down by mid-August.
Brought to you by
Building the Future of Jewelry Retail: DCA Expands Education, Leadership Development, and Workforce SolutionsDCA is preparing the next generation of professionals by supporting workforce development, leadership growth, and career advancement.
FinancialsJul 16, 2026
Richemont’s Jewelry Sales Soar for the Seventh Quarter in a RowJewelry sales for the company, which owns Cartier, Van Cleef & Arpels, Vhernier, and Buccellati, rose 21 percent in the first quarter.
Events & AwardsJul 16, 2026
MJSA Mentor & Apprenticeship Program Certifies First Advanced Apprentice GraduateThe graduate, Grace Barden, credited the program with helping her secure a job as a bench jeweler.
Events & AwardsJul 16, 2026
Jewelers of Louisiana to Host 80th ConventionThe event, scheduled for next month in New Orleans, will include dinner, a custom jewelry design contest, and education sessions.
SourcingJul 15, 2026
1,305-Carat Diamond Recovered from Mine in BotswanaThe yet-to-be named stone is the 10th diamond weighing more than 1,000 carats to come out of Lucara’s Karowe mine.
IndependentsJul 15, 2026
New Jersey Jeweler Barry Berman Dies at 81The founder of Fords Jewelers, Berman is remembered for his love of connecting with his community.
FinancialsJul 15, 2026
Watches of Switzerland’s US Sales Jump 18%, Declines to Comment on Sale Report The watch and jewelry retailer had a strong fiscal year despite what its CEO described as a “complex operating backdrop.”
Events & AwardsJul 15, 2026
Hamptons Jewelry Show to Return in JulyThe open-to-the-public luxury jewelry and timepiece show, in its second year, is slated for July 23-26.
CollectionsJul 15, 2026
Pomellato’s New High Jewelry Is LiberatingBold color, expressive gem-setting, and sculptural form define the three chapters that make up “Stile Libero.”
IndependentsJul 14, 2026
Foundrae Opens First Standalone Store Outside USThe New York-based jewelry brand has expanded overseas, opening a store in London’s Mayfair district.
ColumnistsJul 14, 2026
Sherry Smith: What Today’s Jewelry Consumer Is Telling Us Rising revenue does not automatically mean a healthy business, particularly in the current economic landscape, Smith writes.
TrendsJul 14, 2026
Amanda’s Style File: Shoulder Dusters These long, fluid drop earrings are sure to catch the eye.
CrimeJul 14, 2026
Man Charged in $1M Jewelry Store Heist Lands on FBI Most Wanted ListAlberto Perez-Elias is one of four men charged with robbing a Cape Coral, Florida, jewelry store and is the only one still at large.
Events & AwardsJul 14, 2026
Conference on Mining, Sustainability Kicks Off in NYCInitiatives in Art and Culture is hosting its 16th annual Gold and Diamond Conference, with the theme of “Resilience.”
Lab-GrownJul 13, 2026
Stephanie Gottlieb Changes Her Mind on Lab-Grown DiamondsThe designer, who once said she’d never sell lab-grown diamonds, debuted two capsule collections designed to be fun and easy to wear.
SourcingJul 13, 2026
De Beers Announces Potential Layoffs, 2-Year Production Pause at VenetiaThe diamond miner and marketer is undergoing another round of cost-cutting measures ahead of its sale by Anglo American.
Events & AwardsJul 13, 2026
Registration Opens for JIS Fall 2026 ShowThe annual trade-only buying event is slated for Oct. 16-19 in Miami Beach, Florida.
Events & AwardsJul 13, 2026
AGTA Accepting Entries for Spectrum 2026AGTA also has announced the lineup of judges for the colored gemstone cutting and jewelry design contest’s various categories.
TechnologyJul 10, 2026
There’s a New Blind Box for Luxury Watches Collectibles platform Arena Club’s new Time Boxes could contain a Rolex or Patek Philippe watch.
TrendsJul 10, 2026
Jade Trau Creates a Constellation of DiamondsThe “Constellation Plié” collar, our Piece of the Week, features diamonds arranged in a constellation of shining stars.
