OSHA halts enforcement of Biden’s vaccine mandate following court block

by Laura Ramirez

The Occupational Safety and Health Administration announced on Wednesday it has suspended all “activities related to the implementation and enforcement” of the Biden administration’s Covid-19 vaccine mandate for employers.

“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,” the agency announced.

The announcement comes after the U.S. Court of Appeals for the Fifth Circuit blocked Biden’s vaccine mandate, forcing private businesses with 100 or more employees to ensure their employees are vaccinated agaisnt Covid-19 by Jan. 4 or get tested weekly. The court temporarily stayed the mandate on Nov. 12.

The federal court, therefore, ordered OSHA to “take no steps to implement or enforce” the mandate “until further court order,” and called to question the legitimacy of the mandate.

“But health agencies do not make housing policy, and occupational safety administrations do not make health policy. In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the constitutional structure that safeguards our collective liberty,” the court opinion states.”

“For these reasons, the petitioners’ motion for a stay pending review is GRANTED. Enforcement of the Occupational Safety and Health Administration’s ‘COVID-19 Vaccination and Testing; Emergency Temporary Standard’ remains STAYED pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction. In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order.”

Immediately after OSHA announced the Jan. 4 vaccine deadline for employers, private businesses and religious organizations filed lawsuits against the unconstitutional mandate. Roughly 27 states filed lawsuits against the Biden administration.

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