Federal Court Orders OSHA To Suspend Enforcement Workplace Vaccinate/Test Mandate
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced last week it is suspending enforcement of its controversial COVID-19 vaccine mandate for private businesses.
OSHA made the announcement after the U.S. Court of Appeals for the 5th Circuit upheld an injunction preventing the rule from taking effect.
In a written opinion, the court said the OSHA rule was “fatally flawed” and prohibited OSHA from taking any steps to implement or enforce it.
Nevertheless, the Biden Administration insists that OSHA has the authority to impose a workplace vaccination or test mandate and is encouraging employers to move forward voluntarily.
As written, the vaccine mandate would require employers with a hundred or more employees to prepare and implement a program to test or vaccinate all workers they employ company wide.
Drivers are exempt from the test or vaccinate mandate but must be counted when determining the 100-employee threshold that triggers compliance.
The rule would have required employers to have workplace vaccinate or test programs in place by December 5th and begin implementing their programs by January 4th.
The U.S. Court of Appeals for the 6th Circuit will now decide whether to lift the injunction against the rule or let it stand.
More than two dozen state attorneys general and other groups are also challenging the mandate in court.
Ultimately, the U.S Supreme Court will have the final say.