MADISON – Wisconsin Manufacturers & Commerce (WMC) – the combined state chamber and manufacturers’ association – applauded the U.S. Supreme Court’s decision to stay OSHA’s Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations and testing.
“Wisconsin businesses can breathe a sigh of relief that the Supreme Court has stayed this unlawful and unworkable mandate,” said WMC President & CEO Kurt R. Bauer. “If enacted, employers would face untold financial costs to comply with this ETS and an unprecedented number of workers would walk off the job in the middle of a historic workforce shortage.”
WMC previously filed an amicus brief with the Sixth Circuit in this case arguing that OSHA does not have the authority to implement such a rule, and detailing the significant and irreparable harm it would have on Wisconsin businesses and workers if it took effect.
The amicus brief notes that Congress has not given OSHA any statutory authority to mandate vaccinations. The brief also details the devastating impact the vaccine and testing mandate would have on Wisconsin’s workforce.
WMC conducted a survey in November of its members with 100 employees or more on the OSHA emergency temporary standard (ETS). The survey revealed that 88 percent of respondents expect to lose a significant part of their workforce if the mandate is enacted. Of the businesses who anticipate losing employees, more than half expect to lose between 11 and 40 percent of their workforce under the OSHA ETS.
WMC’s amicus brief is available by clicking here.