A federal appeals court temporarily blocked the Biden administration’s new vaccine ruleFor large employers, Saturday is the best day to start moving ahead.
Friday saw a lawsuit filed by a number of companies against the Occupational Safety and Health Administration in an attempt to halt its rule. The request was denied by the Fifth Circuit U.S Court of Appeals, New Orleans. issued a stay against the vaccine rule, saying there may be “grave statutory and constitutional issues with the Mandate.”
The court gave the Biden administration until 5 p.m. Monday to respond to the petitioners’ request for a permanent injunction that would block the rule from taking effect. A number of Republican state attorney generals and employers submitted the request, arguing that the rule was unconstitutional.
Although the new rule does not require workers to be vaccinated, they can opt for weekly testing. OSHA granted employers that have more than 100 workers the deadline of January 4, to establish and enforce vaccination-or-test programs. Those who fail to do so can be fined around $14,000 for “serious” violations and $137,000 for “willful or repeat” violations.
Biden’s administration argues that vaccine rules are the best way for workers to be protected from COVID-19. It has been in development for several months. The lawsuit was filed not surprising, as prominent Republicans had vowed to oppose it.
Trump had appointed two judges to the panel that granted stay on Saturday.
Texas Attorney General Ken Paxton celebratedThe stay on Twitter “the fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”
“The Biden administration has argued that the vaccine rule is the best way to protect workers still at risk of getting seriously ill or dying from COVID-19.”
For several weeks, the most important parts of this vaccine rule will not be in effect. The rule requires employers to implement masking at work by December 4, as well as their vaccine-or test programs by January 4. OSHA officials said Thursday they were trying to provide employers with enough time for preparation.
Although the White House believes that it will affect 84 millions workers, small businesses will not be covered by it. OSHA representatives stated that they believe larger employers have the administrative capability to administer the vaccine-or test programs. However, they are open to expanding the regulation after they receive feedback from the public.
Because the rule is what’s known as an “emergency temporary standard,” it has not gone through the typical rulemaking process that normally takes years. OSHA is allowed to use its occupational safety and security law authority to enforce such regulations in an emergency. OSHA officials maintain that the regulation has sound legal foundations.
Jim Frederick, the deputy assistant secretary for labor occupational safety and heath, stated during a Thursday press conference that he expects most employers will follow the rule.
“The vast majority of workplaces comply with OSHA standards,” he said.