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New York—The U.S. Department of Labor’s Occupational Safety and Health Administration has withdrawn its “vaccine or testing” mandate following the Supreme Court’s decision to block it.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
IndependentsFeb 19, 2026
Bailey’s Fine Jewelry Co-Founder ‘Mama Ann’ Bailey Dies at 100Raised in an orphanage, Bailey was 18 when she met her husband, Clyde. They opened their North Carolina jewelry store in 1948.
ColumnistsFeb 19, 2026
Peter Smith: Happiness, Cavemen, and Jewelry SalesSmith encourages salespeople to ask customers questions that elicit the release of oxytocin, the brain’s “feel-good” chemical.
IndependentsFeb 19, 2026
Material Good Opens Third Location Material Good is celebrating its 10th anniversary as it opens its new store in the Back Bay neighborhood of Boston.
Brought to you by
The MJSA Mentor & Apprenticeship Program: Attracting & Training the Next Generation of Bench JewelersLaunched in 2023, the program will help the passing of knowledge between generations and alleviate the shortage of bench jewelers.
Events & AwardsFeb 19, 2026
The Original Miami Beach Antique Show Returns in MarchThe show will be held March 26-30 at the Miami Beach Convention Center.
Weekly QuizFeb 19, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
AuctionsFeb 18, 2026
Joanna Carson’s Jewels Head to AuctionThe estate of the model, philanthropist, and ex-wife of Johnny Carson has signed statement jewels up for sale at John Moran Auctioneers.
PodcastsFeb 18, 2026
Episode 2: Jewelry Trends & Does the Red Carpet Matter?Are arm bands poised to make a comeback? Has red-carpet jewelry become boring? Find out on the second episode of the “My Next Question” podcast.
Brought to you by
How Jewelers Can Fight Back Against Cell JammersCriminals are using cell jammers to disable alarms, but new technology like JamAlert™ can stop them.
MajorsFeb 18, 2026
Select Jewelry Inks Agreement to Distribute Lightweight Gold JewelryIt will lead distribution in North America for Graziella Braccialini's new gold pieces, which it said are 50 percent lighter.
Events & AwardsFeb 18, 2026
DCA to Host Gemstone Selling Education Session at IJO EventThe nonprofit will present a live, two-hour introductory course on building confidence when selling colored gemstones.
TrendsFeb 17, 2026
A Bit of Jewelry for the Year of the HorseWestern wear continues to trend in the Year of the Fire Horse and along with it, horse and horseshoe motifs in jewelry.
SourcingFeb 17, 2026
Colored Gemstone Experts Talk Tariffs, Trends in TucsonAlthough the market is robust, tariffs and precious metal prices are impacting the industry, Stuart Robertson and Brecken Branstrator said.
GradingFeb 17, 2026
Dr. George Rossman, Former GIA Governor, Dies at 81Rossman, who advised GIA for more than 50 years, is remembered for his passion and dedication to the field of gemology.
CrimeFeb 13, 2026
JSA Offering $10K Reward in Nancy Guthrie Case Guthrie, the mother of “Today” show host Savannah Guthrie, was abducted just as the Tucson gem shows were starting.
IndependentsFeb 13, 2026
97-Year-Old New Mexico Jewelry Store To CloseButterfield Jewelers in Albuquerque, New Mexico, is preparing to close as members of the Butterfield family head into retirement.
CollectionsFeb 13, 2026
A ‘Rosebud’ Necklace for Valentine’s DayPaul Morelli’s “Rosebud” necklace, our Piece of the Week, uses 18-karat rose, green, and white gold to turn the symbol of love into jewelry.
MajorsFeb 13, 2026
JFC Announces New BeneficiariesThe nonprofit has welcomed four new grantees for 2026.
MajorsFeb 12, 2026
These 8 Saks Fifth Avenue Stores Are ClosingParent company Saks Global is also closing nearly all Saks Off 5th locations, a Neiman Marcus store, and 14 personal styling suites.
CollectionsFeb 12, 2026
British Museum Raises $5M to Keep Jewel Linked to Henry VIII, Katherine of AragonIt is believed the 24-karat heart-shaped enameled pendant was made for an event marking the betrothal of Princess Mary in 1518.
SourcingFeb 12, 2026
‘Cotton Candy’ Necklace, 35-Carat Kunzite Win 2025 ‘Buyer’s Choice’ AwardsThe AGTA Spectrum and Cutting Edge “Buyer’s Choice” award winners were announced at the Spectrum Awards Gala last week.
Events & AwardsFeb 12, 2026
Kering Opens Entries for 2026 Sustainability-Focused AwardThe “Kering Generation Award x Jewelry” returns for its second year with “Second Chance, First Choice” as its theme.
TrendsFeb 11, 2026
Halle Berry’s Retro Engagement Ring Is a Sapphire-Set StunnerSourced by For Future Reference Vintage, the yellow gold ring has a round center stone surrounded by step-cut sapphires.
MajorsFeb 11, 2026
Francesca’s Files for Chapter 11 Bankruptcy AgainThe clothing and accessories chain announced last month it would be closing all of its stores.
CollectionsFeb 11, 2026
Zales Turns Sweethearts Into Jewelry for Valentine’s Day CollectionThe “Zales x Sweethearts” collection features three mystery heart charms engraved with classic sayings seen on the Valentine’s Day candies.
TechnologyFeb 11, 2026
Gemvision Symposium 2026 Slated for AprilThe event will include panel discussions, hands-on demonstrations of new digital manufacturing tools, and a jewelry design contest.
Events & AwardsFeb 11, 2026
TJS Announces Roundtable, Launches New AppRegistration is now open for The Jewelry Symposium, set to take place in Detroit from May 16-19.
SourcingFeb 10, 2026
At Meeting in South Africa, Support for Natural Diamonds Picks Up Steam Namibia has formally signed the Luanda Accord, while two key industry organizations pledged to join the Natural Diamond Council.
