OSHA Temporarily Suspends Vaccine Mandate

President Joe Biden’s vaccination mandate on businesses with 100 employees or more has been put on hold after the courts issued a stay on the order as litigation and appeals remain underway.

health workers wearing face mask
Photo by cottonbro on Pexels.com

The vaccination mandate was ordered by Biden’s Occupational Safety and Health Administration (OSHA) under an Emergency Temporary Standard (ETS) that established minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the United States.

“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, a division of Biden’s Department of Labor, announced Tuesday.

The Fifth Circuit Court of Appeals in New Orleans on Nov. 12 issued the stay on the vaccination mandate, strongly arguing OSHA is exceeding its statutory authority and in violation of the Constitution, The National Law Review reported.

The OSHA ETS was set to enact Dec. 5 and Jan. 4 deadlines for businesses to comply, but the suspension of the order means business will not have to comply until the court determines OSHA’s statutory authority and the constitutionality of the Biden administration’s mandate.

Written arguments are not due to the courts until after those Dec. 5 and Jan. 4 deadlines, according to the report.

The appeals will likely wind up being decided in the Supreme Court, according to The National Law review.