OSHA Suspends the Implementation and Enforcement of Biden’s Vaccine Mandate


COVID-19 illustration. (Photo: Miguel Á. Padriñán)


After a series of court rulings halting President Joe Biden’s vaccination mandate for private companies, the Occupational Safety and Health Administration (OSHA) has officially suspended the implementation and enforcement of the requirement. The mandate was scheduled to go into effect on January 4, 2022.


“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order,'” the OSHA website states.

The OSHA website page dedicated to the COVID Vaccine Emergency Temporary Standard (ETS) reads: “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.”

After a lawsuit was filed by a number of state Attorneys General, the Fifth Circuit Court of Appeals issued a temporary stay on November 6, 2021, and said the mandate has "grave statutory and constitutional issues."


The White House has maintained the mandate is constitutional. President Biden has told employers and companies to ignore the court ruling and proceed with implementation.







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