A 6-3 majority of the U.S. Supreme Courthas placed a stay在美国职业安全与卫生管理局的COVID-19-19疫苗接种或测试授权中，包括100名员工或更多雇员，包括建筑部门的雇员。

共和党总统任命的所有法官 - 首席大法官约翰·罗伯茨和法官克拉伦斯·托马斯，塞缪尔·阿利托，尼尔·戈尔苏奇，布雷特·卡瓦诺和艾米·康尼·巴雷特（Amy Coney Barrett）和艾米·康尼·巴雷特（Amy Coney Barrett）加入了无签名的多数意见，说“没有规定[1970年的职业安全和健康]法案。public health more generally, which falls outside of OSHA’s sphere of expertise."

In deciding that contractors and other large employers won't have to mandate that their workers either get vaccinated against COVID-19 or submit to weekly testing by an OSHA deadline of Feb. 9, the majority opinion stated that businesses and states who filed lawsuits against the agency's November emergency temporary standard are likely to prevail in the lawsuit, which was sent back to the Cincinnati appellate court to be heard in full.

无签名的意见说：“申请人可能会根据自己的声明的优点成功，即[劳工秘书]缺乏施加授权的权力。”“行政机构是法规的生物。因此，他们只拥有国会提供的权威。秘书已命令8400万美国人接受共同的疫苗或每周进行一次医疗测试。日常行使联邦权力。”

大法官写道，OSH的行为显然没有授权这种行动。

美国联合建筑商和承包商，加入了针对OSHA标准的诉讼，还提起诉讼针对单独的联邦承包商授权, immediately celebrated the ruling.

“美国广播公司是高兴,最高法院阻止奥什A’s COVID-19 vaccination and testing ETS," Ben Brubeck, ABC vice president of regulatory, labor and state affairs, said in a statement. "This is a big win in removing compliance hurdles for the construction industry, which is facing multiple economic challenges, including a workforce shortage of 430,000."

Brubeck said that ABC supports vaccination and pointed contractors to a工具包on its website.

斯蒂芬·布雷耶（Stephen Breyer）法官，埃琳娜·卡根（Elena Kagan）和索尼亚·索托马约尔（Sonia Sotomayor）在反对意见中写道，ETS对于解决Covid – 19的危险是必要的，而OSHA基于其规则，要求进行测试和掩盖或疫苗接种，并在一系列研究和研究中进行掩盖或疫苗接种政府报告表明，这些措施为何在限制Covid – 19在大多数工作场所造成的威胁中使用的措施为何使用。

The majority opinion responded to the dissent, saying that the authority to make such a broad standard is outside of OSHA and U.S. Dept. of Labor purview, especially because all workers who are vaccinated in the workplace would also have to be vaccinated outside of it.

"The dissent protests that we are imposing 'a limit found no place in the governing statute," the majority wrote. "Not so. It is the text of the agency’s Organic Act that repeatedly makes clear that OSHA is charged with regulating 'occupational' hazards and the safety and health of 'employees.'"

The majority also pointed out that the only two exemptions in the rule, one for workers who work entirely outside and one for workers who work in the home, were not tailored to specific occupations and that even landscapers who entered an office for a few minutes a day would not be covered by the exemption for workers who who work entirely outdoors.

Contractor groups such as ABC and the Associated General Contractors of America argued in their briefs that a broader exemption for construction sites that are mainly outdoors should be considered by the agency.

AGC公共事务和战略倡议副总裁Brian Turmail说：“有充分的理由期望政府的OSHA疫苗授权不会通过法律召集，现在暂停它将保护无数公司免受授权造成的不可避免的伤害。”“前进，我们将专注于确保我们的法律挑战是成功的。此外，我们将继续努力鼓励更多的工人接种疫苗。”

He added that AGC will soon release a set of Spanish-language public service announcements in major construction markets to complement those in English released last year.

U.S. Labor Secretary Martin Walsh (D) said in a statement that he was disappointed by the ruling and that the department urges "all employers to require workers to get vaccinated or tested weekly to most effectively fight this deadly virus in the workplace."

He did not mention next steps or what OSHA will do now that implementation of some measures of the mandate, such as required masking of unvaccinated workers, began on Jan. 10.

A spokesperson for OSHA did not immediately respond to messages about the agency's next steps.