The Occupational Safety and Health Administration has announced that it is officially yanking its vaccine and testing mandate requirements for businesses, nearly two weeks after the U.S. Supreme Court blocked that same mandate. OSHA is also requesting that the U.S. Court of Appeals for the 6th Circuit dismiss all the many cases pertaining to the mandate. In a statement issued by the Department of Labor it was noted that OSHA was withdrawing the vaccine mandate “as an enforceable emergency temporary standard.” According to the New York Times, OSHA “could still try to move a version of the vaccine-or-test standard forward through its official rule-making process, such as one focused on high-hazard industries like meatpacking.” Last fall OSHA announced that, starting on January 4, it would require workers at firms employing one hundred or more people to be either vaccinated or tested weekly. Several construction industry and business groups challenged the OSHA action, resulting in the January 13th anti-mandate Supreme Court decision. An unsigned opinion released by the higher court after the 6 to 3 vote declared that “although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly.” The opinion added: “Requiring the vaccination of 84 million Americans, simply because they work for employers with more than 100 employees, certainly falls in the latter category.” In a statement, Stephen Sandherr, chief executive officer of the Associated General Contractors of America, lauded the withdrawing of the OSHA vaccine mandate, but added that AGC continues to support a mandate in such industries as healthcare that are otherwise deemed as “high risk from the coronavirus.” It is not yet known what steps OSHA will take now that it has withdrawn the mandate and testing order. But published reports have indicated that the agency may become more vigorous in enforcing covid workplace protocols that include mask-wearing, distancing, and improved ventilation systems. By Garry Boulard
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