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New York—The U.S. Department of Labor’s Occupational Safety and Health Administration has withdrawn its “vaccine or testing” mandate following the Supreme Court’s decision to block it.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
SurveysApr 24, 2026
Mother’s Day 2026 Jewelry Spending to Top $7B, NRF SaysNRF’s annual survey found that 45 percent of consumers plan to purchase jewelry for a loved one this Mother’s Day.
TechnologyApr 24, 2026
TwentyFour’s Digital-Age Locket Is a Virtual VaultThe “Vault” charm, our Piece of the Week, expands on the memories that can be stored in a locket by connecting to your phone.
Events & AwardsApr 24, 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.
Brought to you by
Discover Timeless Treasures: A Showcase of Antique Jewelry & Timepieces in Las VegasGain access to the most exclusive and coveted antique pieces from trusted dealers during Las Vegas Jewelry Week.
IndependentsApr 23, 2026
Meet the Real Moms of Day’s JewelersThe jeweler’s Mother’s Day campaign highlights the women who work there—mothers, grandmothers, women who want to be mothers, and dog moms.
Weekly QuizApr 23, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
Supplier BulletinApr 23, 2026
JM® Shipping Solution: Smarter Shipping for High-Value GoodsSponsored by Jewelers Mutual
Lab-GrownApr 23, 2026
Charles & Colvard May Sell Assets for $1.5MThe proposed agreement follows the moissanite maker’s Chapter 11 bankruptcy protection filing last month.
Brought to you by
Las Vegas Antique Jewelry & Watch Show: Showcasing the Most Collectible Merchandise from Across the GlobeGain access to the most exclusive and coveted antique pieces from trusted dealers during Las Vegas Jewelry Week.
AuctionsApr 23, 2026
John Jacob Astor IV’s Titanic Pocket Watch Fetches $1MThe Patek Philippe for Tiffany & Co. timepiece Astor brought aboard the ill-fated ship sold for double its estimate at a Freeman’s auction.
CollectionsApr 23, 2026
Adam Neeley’s High Jewelry Collection Steps Into Salvador Dalí’s GardenThe “Dalí’s Garden” collection was inspired by a surreal dream Neeley had after cooking a recipe from Salvador Dalí’s 1973 cookbook.
IndependentsApr 23, 2026
Windsor Jewelers Names New Buying DirectorNatalie Feanny has been appointed to the role.
CrimeApr 22, 2026
New Mexico Couple Pleads Guilty to Selling Fake Native American JewelryThe pair falsely claimed their jewelry was made by Navajo artists, but it was imported from Vietnam.
AuctionsApr 22, 2026
Roberta Flack’s Jewelry Is Going Up for AuctionJulien’s Auctions is selling the musician’s fine and fashion jewelry alongside her clothing, gold records, and other memorabilia.
CollectionsApr 22, 2026
British Museum Curator Pens Book on ‘The Tudor Heart’Rachel King’s book dives into the history of the pendant believed to have belonged to Henry VIII and his first wife, Katherine of Aragon.
Events & AwardsApr 22, 2026
Here’s What Sy Kessler Has on Tap for Las Vegas The company will have deals on precious metals testers as well as the latest in lab-grown diamond detection technology and security.
WatchesApr 21, 2026
Coco Chanel Enters the Game with New Watch CollectionGabrielle “Coco” Chanel is a character in the “Coco Game” collection of watches and the queen in its first haute horlogerie chessboard.
IndependentsApr 21, 2026
Meet Jewelers of America’s 2026 ‘20 Under 40’ ClassThe annual list honors rising professionals on the retail and supply sides of the jewelry industry.
CrimeApr 21, 2026
Customs Nabs 1,500 Pieces of Counterfeit Jewelry Bound for NYCSeized in Kentucky, the packages include fake Cartier, Tiffany & Co., Chanel, and Fendi jewelry.
CrimeApr 20, 2026
Queens Man Convicted in Bludgeoning Death of Pawn Shop OwnerRodolfo Lopez-Portillo faces 25 years to life in prison after being found guilty in the March 2022 beating death of Arasb Shoughi.
TrendsApr 20, 2026
Beth Bernstein, Sonia Esther Soltani Pen New Jewelry Book“Jewelry Creators: Dynamic Duos and Generational Gems” highlights the relationships among 22 influential designers, brands, and gem dealers.
Events & AwardsApr 20, 2026
Atlanta Jewelry Show’s Spring Event Is Hitting the RoadThe AJS Spring 2027 show will be held in Savannah, Georgia, with future shows taking place in other Southeast cities.
MajorsApr 20, 2026
Kendra Scott Names New CFO, Chief Business OfficerThe jewelry retailer plans to open 20 new stores this year and expand into new product categories.
TrendsApr 17, 2026
New (Groundbreaking) Floral Jewelry for Spring 2026Flower motifs are the jewelry trend blooming amongst the new collections that debuted this spring.
MajorsApr 17, 2026
QVC Group Files for Chapter 11 BankruptcyThe retailer reported an 8 percent decline in annual sales as it struggles under the weight of billions of dollars of debt.
CollectionsApr 17, 2026
Edina Kiss’ Earrings Are the Devil on Your ShoulderThe “Devil” drop earrings, our Piece of the Week, are part of designer Edina Kiss’ new namesake jewelry line that she will show at Couture.
CrimeApr 17, 2026
FBI Issues Warning to Refineries, Retailers Due to High Price of GoldThe alert states that burglary crews are targeting jewelry businesses and details how jewelers and refineries can protect themselves.
WatchesApr 16, 2026
Cartier Brings Back the RoadsterThe “watchmaker of shapes” debuted the reworked version of the vintage sports car-inspired timepiece at Watches & Wonders.
