OSHA vaccine-or-test rule for 84 million workers is back after court lifts stay : NPR

  
Via:  Kavika  •  5 months ago  •  8 comments

By:   NPR. org

OSHA vaccine-or-test rule for 84 million workers is back after court lifts stay : NPR
The 6th Circuit Court of Appeals has lifted the stay on the Biden administration's vaccinate-or-test rule covering some 84 million workers. Deadline for vaccine is Jan. 4

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December 17, 20217:32 PM ET

Andrea Hsu

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At a White House event on October 14, President Joe Biden encouraged states and businesses to support vaccine mandates to avoid a surge in cases of Covid-19. Drew Angerer/Getty Images hide caption

toggle caption Drew Angerer/Getty Images

At a White House event on October 14, President Joe Biden encouraged states and businesses to support vaccine mandates to avoid a surge in cases of Covid-19.

Drew Angerer/Getty Images

The 6th Circuit Court of Appeals has lifted the stay on the Biden administration's rule requiring workers at companies with 100 or more employees to be vaccinated against Covid or undergo weekly testing starting Jan. 4.

The rule had been blocked since Nov. 6, a day after it was formally issued by the federal Occupational Safety and Health Administration.

A three-judge panel of the 6th Circuit found that the injuries asserted by the petitioners "are entirely speculative," and that the costs of delaying implementation of the rule are comparatively high.

"Fundamentally, the [rule] is an important step in curtailing the transmission of a deadly virus that has killed over 800,000 people in the United States, brought our healthcare system to its knees, forced businesses to shut down for months on end, and cost hundreds of thousands of workers their jobs," wrote Circuit Judge Jane B. Stranch, an Obama appointee.

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"The harm to the Government and the public interest outweighs any irreparable injury to the individual Petitioners who may be subject to a vaccination policy," she went on.

The lifting of the stay comes just as the highly transmissible Omicron variant is wreaking havoc in Europe and the U.S. is bracing for a similar spread.

OSHA had estimated that the vaccinate-or-test rule could save more than 6,500 lives and prevent over 250,000 hospitalizations in the six months that it would be in effect.

In addition to the vaccine and testing requirements set to take effect Jan. 4, the rule requires companies to determine who among their workers are vaccinated and who are not, and to enforce a mask mandate for unvaccinated workers starting Dec. 6. It's unclear now whether that takes effect immediately.

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The ruling is a big victory for the Biden administration, as its vaccine mandate for health care workers at facilities that receive Medicaid or Medicare funding remains blocked in about half the states and its vaccine mandate for federal contractors remains blocked nationwide.

Still, today's ruling is not expected to be the final word. In all likelihood, it will be heading to the U.S. Supreme Court soon.

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Kavika
Professor Principal
1  seeder  Kavika     5 months ago

Trolling, taunting, and off-topic comments may be removed at the discretion of group mods. NT members that vote up their own comments or continue to disrupt the conversation risk having all of their comments deleted. please remember to quote the person(s) to whom you are replying to preserve the continuity of this seed.

"The harm to the Government and the public interest outweighs any irreparable injury to the individual Petitioners who may be subject to a vaccination policy,"
 
 
 
Gsquared
Junior Principal
2  Gsquared    5 months ago

Sanity prevailed in the 6th Circuit.

 
 
 
Kavika
Professor Principal
2.1  seeder  Kavika   replied to  Gsquared @2    5 months ago

Yes, it did G.

 
 
 
Kavika
Professor Principal
2.1.1  seeder  Kavika   replied to  Kavika @2.1    5 months ago

I can hear the gnashing of teeth over this from the right.

 
 
 
Nowhere Man
Junior Expert
2.1.2  Nowhere Man  replied to  Kavika @2.1.1    5 months ago
I can hear the gnashing of teeth over this from the right.

An emergency stay has already been requested from the Supreme Court ... This should suspend it until the justice covering the 6th circuit (Kavanaugh) has a chance to rule.... It's so new it hasn't shown up on the SC's website yet... It will be Kavanaugh's decision..

 
 
 
Kavika
Professor Principal
2.1.3  seeder  Kavika   replied to  Nowhere Man @2.1.2    5 months ago

I'm sure that it has as well as being expected.

 
 
 
Nowhere Man
Junior Expert
2.1.4  Nowhere Man  replied to  Kavika @2.1.3    5 months ago

One of the interesting things is, they waited until late Friday, AFTER the Supreme Court closed for business to issue the order... we have to wait for Monday/Tuesday to hear what Kavanaugh has to say... They wanted the weekend to do what they do...

 
 
 
Kavika
Professor Principal
3  seeder  Kavika     5 months ago

Boeing just lifed their mandate I believe so this should get interesting.

 
 

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