The U.S. Supreme Court on Jan. 13 rejected one of the Biden Administration’s most aggressive attempts so far to combat the spread of COVID-19 – a vaccine or testing requirement aimed at large businesses. The vaccine rule would have required companies - including food manufacturers, retailers, distributors, trucking companies and 3PLs - to ensure workers receive a COVID-19 vaccine or undergo weekly testing.

The high court issued a stay of the proposed law, and sent back the case for review to the 6th U.S. Circuit Court of Appeals. In the 6-3 ruling, the majority wrote: "Administrative agencies are creatures of statue. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID-19 vaccine or undergo weekly medical testing at their own expense. This is no 'everyday exercise of federal power.'" The stay will remain in place pending disposition of the challenge to OSHA's order in the circuit court.

The proposal was issued by the Occupational Safety and Health Administration (OSHA), part of the U.S. Department of Labor. Critics of the Biden move see the ruling by the Supreme Court to validate their belief that OSHA far overstepped its authority in issuing an emergency temporary standard that would interfere with individuals' private health care decisions.

Many industry observers believe this would have a disastrous impact on food supply chains – whether the industry loses a lot of workers at manufacturing plants, distribution centers, warehouses, ports – or any other potential “choke point” in the supply chain. Others saw it as a potential threat to the current challenge of the driver shortage. 

Says one industry observer: “If we slow down our supply chain circulatory system any further, it will not be good for food shippers.” In fact, according to a recent survey conducted on behalf of the Food Shippers of America, one of the top three business concerns for companies in the industry is related to recruiting and retaining an adequate workforce to meet current demand levels.