Try not to get whiplash…

The Sixth Circuit Court of Appeals has upheld President Biden’s COVID-19 vaccinate-or-test mandate for employers with 100 or more employees. This one came out of nowhere, folks, The Court’s ruling lifted a November injunction by the Fifth Circuit that blocked OSHA’s Emergency Temporary Standard administering the mandate. In explaining its decision, the court wrote that OSHA “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

The Department of Labor announced early this morning that it will not issue citations for noncompliance before February 9, 2022, provided employers make “good faith” efforts to comply in the meantime.

Justice Kavanaugh has jurisdiction over the 6th Circuit. He is reviewing requests to put the mandate on hold pending a resolution of appeals to the U.S. Supreme Court. Details to come.

The case is: IN RE: MCP NO. 165, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, INTERIM FINAL RULE: COVID-19 VACCINATION AND TESTING; EMERGENCY TEMPORARY STANDARD 86 FED. REG. 61402. Read the Sixth Circuit’s decision here.  

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