NFIB v. OSHA

Background

The Secretary of Labor, through OSHA, issued an emergency rule requiring employees at businesses with 100 or more workers either to be vaccinated against COVID-19 or to test weekly and wear a mask. OSHA estimated the rule covered about 84 million workers, required employers to verify and keep proof of vaccination, pre-empted contrary state laws, and imposed significant fines for violations. Many States, businesses, and groups sued; the Fifth Circuit initially stayed the rule, the Sixth Circuit later lifted that stay, and applicants asked this Court to intervene.

Reasoning

The central question was whether OSHA had the statutory authority to impose such a broad, nationwide workplace requirement. The Court concluded challengers are likely to succeed because the Occupational Safety and Health Act authorizes workplace-specific safety standards but does not plainly grant OSHA power to impose sweeping public-health mandates affecting tens of millions of Americans. The majority stressed that agencies have only the authority Congress gives them and that OSHA had not previously used emergency rules on this scale.

Real world impact

The Court granted a stay, which halts enforcement of the rule while the Sixth Circuit and possible Supreme Court review proceed. That means employers covered by the rule do not have to implement its vaccination or testing requirements for now. The order is interim, not a final decision on the lawfulness of the rule, and could be reversed or reinstated later.

Dissents or concurrances

A concurring opinion emphasized limits on agency power and the need for clear congressional authorization. A dissent argued OSHA acted within its mandate, noting the agency’s estimates that the rule would save thousands of lives and prevent many hospitalizations.