November 17, 2021 (Falls Church, VA) In line our recent report, the Occupational Safety and Health Administration (OSHA) is suspending enforcement of President Biden’s COVID-19 vaccine mandate for large private businesses after a federal appeals court upheld a stay on it last week.
“The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS [Emergency Temporary Standard] ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation,” OSHA said. While the agency and the administration maintain they believe they have the authority, the courts extensive response to the court case spells out a very different view.
In a 22-page ruling last week, the 5th U.S. Circuit Court of Appeals wrote that the administration’s COVID-19 vaccine and testing mandate was “fatally flawed” and ordered that OSHA not enforce the requirement “pending adequate judicial review” of a motion for a permanent injunction.
Last updated on August 15, 2023 at 10:18 am