Biden Administration’s enforcement New Employer Vaccine Rule suspended by OSHA

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The Occupational Safety and Health Administration of the US Labor Department said it is suspending its enforcement of the Biden administration’s new rules ordering larger company’s employers to either require that their workers get vaccinated against emergency temporary standards or undergo weekly testing. OSHA also posted the announcement on its website and said that it remains confident in its authority to protect workers in emergencies. The recent decision from the agency to stop implementing and enforcing the new rule came after a federal appeals court temporarily halted the Biden administration’s vaccine rule earlier this month, citing potential grave statutory and constitutional issues. The future of the government directive remains uncertain with the case headed to the Sixth Circuit Court in Ohio, which the National Law Review says comprises a majority of Republican-appointed judges.

However, businesses across the United States have mounting questions over the meanings of the new vaccine rule, a 490-page order with complex requirements that experts say will require time and effort to ensure compliance. Under the original plan, by December 5, employers with more than 100 employees must choose whether their workers must get fully vaccinated or undergo weekly testing, By January 4, those businesses must implement the rule, a timeline that doesn’t provide employers much leeway if the Sixth Circuit upholds the rule. The employment attorneys have said they are encouraging businesses to move forward with compliance to avoid being caught unprepared if the regulation, also called an emergency temporary standard (or ETS), withstands legal challenge because of the tight deadline.

The chief legal and HR officer at Axiom Medical, Chuck Kable said, “A stay is not a determination of the merits of the ETS itself, a stay is a technical and procedural tool to avoid something from happening. The government will say, ‘We want to push the play button, not the pause button, and ask for the stay to be lifted. Obviously, people are confused and concerned they don’t know what to do. But a prudent employer will take steps to prepare’ in case the stay is lifted and the ETS moves forward”. He believes the Ohio court will rule on the stay within weeks, although maybe not before the December 5 deadline. But the issues involving the temporary stay will likely be resolved before the January 4 deadline for employers to institute the new COVID-19 rules.