OSHA Vaccine Mandate

As of December 17, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati overturned the Fifth Circuit’s ruling, blocking OSHA’s vaccine/testing mandate. This OSHA rule states that businesses of 100 or more employees must require vaccinations for their workers by January 4. If an employee chooses to remain unvaccinated, they must submit to weekly testing and wear masks indoors. However, employers are not obligated to provide the option for personnel to stay unvaccinated if they do not have religious or medical reasons.

OSHA reinstated this mandate because the 1970 law gave them the impetus to establish new and necessary rules ensuring workplace safety. This law is only applicable to circumstances where OSHA can provide evidence of a “grave danger” in the workplace. Two of the three judges (Judge Stranch and Judge Gibbons) of the Sixth Circuit believe that the presence of Coronavirus pandemic provides enough proof of danger, thus finding it necessary to overturn the Fifth Circuit ruling.

The current administration believes this mandate (which applies to over 84 million workers) will result in approximately 22 million people receiving vaccinations and a targeted 250,000 prevented hospitalizations. Ultimately, the OSHA mandate aims to keep employees as COVID-19 cases surge due to the highly-infectious Omicron variant. Challengers to this decision can still appeal to the Supreme Court; however, the mandate will positively impact the current pandemic climate in the U.S. by better protecting staff from the virus and its effects.

With INDICAID at the hands of employers, better health and safety measures are upheld by routinely testing personnel, thereby building stronger workplace morale. With INDICAID readily available, the American workforce takes another step closer to normalcy, leaving another battle won against the COVID-19 virus.

Source:

NY TIMES
OSHA Emergency Temporary Standard
Employers Face Jan. 4 Vaccine Enforcement Deadline