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New York—The U.S. Department of Labor’s Occupational Safety and Health Administration has withdrawn its “vaccine or testing” mandate following the Supreme Court’s decision to block it.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.
More on Policies & Issues
The Latest
Recorded WebinarsSep 29, 2023
The Lab-Grown Diamond Market: Where Are We Now?Watch as Edahn Golan, Sherry Smith and Avi Levy join Michelle Graff to talk pricing and trends in this controversial corner of the market.
SourcingSep 29, 2023
Lucara Severs Ties With HB Antwerp The two companies initially partnered during the pandemic and had just signed a 10-year sales agreement in November 2022.
CollectionsSep 29, 2023
Piece of the Week: Sonya K’s Versatile Necklace A classic diamond tennis necklace gets a whole lot cooler with a removable pendant.
Brought to you by
Top 5 Ways to Promote Safety and Security Awareness Among Your StaffAwareness is essential to proactive protection. Learn how to promote and maintain safety and security awareness in your business.
EditorsSep 28, 2023
The Gemstone World Is In Its Unique Cut EraAssociate Editor Lauren McLemore recently spoke with Columbia Gem House’s Eric Braunwart about the uptick in non-traditional gemstone cuts.
Weekly QuizSep 29, 2023
This Week’s QuizTest your jewelry news knowledge with this short test.
MajorsSep 28, 2023
Signet-Owned Rocksbox Now Sells Pre-Owned Fine Jewelry“Pre-Owned Luxury by Rocksbox” offers secondhand jewelry from Kay, Zales, and Jared to members and non-members.
CrimeSep 28, 2023
Have You Seen Jewels Like These? The British Museum Wants to KnowThe museum is asking for the public’s help in finding thousands of pieces of ancient gold jewelry and gemstones stolen from a storeroom.
Brought to you by
A Conversation with Dialog SolutionsDo you always want the right diamonds at the right price in your store? Introducing Dialog, the world’s first diamond subscription service.
MajorsSep 28, 2023
The Kingswood Co. Names New VP, Wins AwardThe company was recognized for one of its private-label, consumer-focused jewelry care lines.
AuctionsSep 27, 2023
Antique Jewels Shine at Bonhams LondonA rare Chaumet necklace and 20th-century sapphire ring sold for double their estimates.
SourcingSep 27, 2023
India Calls for 2-Month Moratorium on Rough Diamond Imports The plea comes against a backdrop of declining demand and falling prices.
SurveysSep 27, 2023
Consumer Confidence Falls in September Amid Rising Recession Fears Shoppers also expressed concern about rising prices, higher interest rates, and political uncertainty.
Events & AwardsSep 27, 2023
PGI to Dole Out $500K in Business Grant Program Participants from the first round of grants saw up to a 900 percent increase in their platinum sales.
WatchesSep 26, 2023
Citizen Launches the Tsuki-Yomi A-T TimepieceAccording to the watchmaker, it features the first light-powered atomic timekeeping moon phase movement.
IndependentsSep 26, 2023
Sally Nelson, Founder of Exclusively Diamonds, Dies at 86The former teacher, described as “a pioneer for women-owned businesses,” opened her own jewelry store in 1980.
Events & AwardsSep 26, 2023
2023 Spectrum Awards Entry Deadline ExtendedThe contest is now open for submissions until Oct. 10.
Events & AwardsSep 26, 2023
Instore Announces Dates for 2024 Show The annual event will return to Rosemont, Illinois next August.
SurveysSep 26, 2023
Mastercard Makes Its 2023 Holiday PredictionAccording to SpendingPulse, retail sales will increase in November and December but not necessarily for jewelers.
CrimeSep 25, 2023
Oregon Jeweler Accused of Selling Lab-Grown Diamonds as NaturalPolice say Douglas Wayne Gamble also swapped natural diamonds for synthetic stones and failed to return customers’ repairs.
CollectionsSep 25, 2023
Neil Lane’s Latest Collection Uses Lab-Grown Diamonds The designer just launched a new bridal range at Kay Jewelers.
MajorsSep 25, 2023
Hearts On Fire Taps Mejuri Exec as CCOYunjo Lee has also worked on collections for Tiffany & Co. with Paloma Picasso and Frank Gehry.
MajorsSep 25, 2023
Second Generation Takes On New Roles at Sylvie JewelrySteve Levine joins the family-owned company, while his brother Gary has a new position.
MajorsSep 22, 2023
David Yurman Alleges These Two Companies Copied Its DesignsThe company has filed complaints against Royal Chain and Samuel B.
TrendsSep 22, 2023
Piece of the Week: Yun Yun Sun’s ‘Puzzle’ Ring The two-stone style benefits from two-toned metal.
Events & AwardsSep 22, 2023
HardRock Summit To Relocate In 2024The event is moving just outside of Denver.
WatchesSep 21, 2023
Timex Wants Your Old WatchThe company just rolled out “Timex Rewound,” a new takeback and resale program.
GradingSep 21, 2023
Retailers Warned About Fraudulent Email Purportedly From GIA The lab confirmed it did not send the message.
