OSHA Suspends Enforcement Of COVID-19 Vaccine Mandate For Businesses

Nov 17, 2021

The Occupational Safety and Health Administration (OSHA) is suspending enforcement of the Biden administration’s COVID-19 vaccine mandate for large private businesses after a federal appeals court upheld a stay on it last week.

OSHA said in a statement on its website that while it is confident in its power to protect workers amid the pandemic, it is suspending activities related to the mandate, citing the pending litigation.

“The court ordered that OSHA 'take no steps to implement or enforce' the [Testing Emergency Temporary Standard (ETS)] '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.

President Biden announced in September that the administration was rolling out a new rule that would require all private employers with 100 or more employees to mandate vaccines or weekly testing for all personnel, a guideline that has the potential to impact nearly 80 million workers.

Earlier this month the administration set Jan. 4 as the deadline for qualifying private employers to start mandating the vaccine or requiring weekly testing. The rule was developed by OSHA.

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.

The court said OSHA should “take no steps to implement or enforce the mandate until further court order.”

View the full article from The Hill here.

Subscribe to News and Insights