In a surprise move, the U.S. 6th Circuit Court of Appeals issued a ruling that reauthorizes the Occupational Safety and Health Administration's (OHSA) enforcement of the Biden administration's COVID-19 vaccine mandate for large employers.
The court lifted a stay on the vaccine rule on Dec. 17. The rule was temporarily blocked on Nov. 7 by the 5th U.S. Circuit Court of Appeals. Lawsuits against the rule have claimed it to be overreach by President Joe Biden, specifically against the emergency temporary standard (ETS) created by the Occupational Safety and Health Administration (OHSA) to enforce it.
The three-member panel of judges dissolved the stay, concluding that the ETS is an “important step” in curtailing the transmission of a virus that has killed over 800,000 people in the United States.
"Every pundit, every lobbyist, every lawyer, including myself, we all believed that the 6th Circuit would apply the law and strike the ETS down," Cotney said. "As it stands now, OSHA has spoken up and said, 'Aha! We are extending the deadlines only slightly.'"
Hear Cotney Attorneys & Consultants CEO Trent Cotney break down the details in this latest episode.
The ETS calls for employers to determine how best to minimize the risk of contracting COVID-19 in the workplace, whether it’s through requiring vaccines, through testing and masks or having employees work from home.