The U.S. agency in charge of the Biden administration's new rules requiring COVID-19 vaccination at many private workplaces faces internal and external challenges that put its ability to enforce the mandate effectively in question.
WASHINGTON -The U.S. agency in charge of the Biden administration's new rules requiring COVID-19 vaccination at many private workplaces faces stiff challenges in developing and enforcing the mandate.
With more than 80 million workers covered, "OSHA won't be able to police every employer," said A. Scott Hecker, a labor lawyer in Washington at Seyfarth Shaw.OSHA plans to publish an Emergency Temporary Standard to enact the new requirements, the White House said Friday. That measure, which is used to accelerate urgent rules, has only been used 10 times in OSHA's 50-year history.
The new vaccination rule would likely be in effect while any legal challenges played out, but OSHA's low success rate with ETS rules undercuts its ability to instill fear in scofflaws.White House spokeswoman Jen Psaki insisted the effort was on strong legal footing, citing a 1970 law that authorizes ETS.
Then-President Donald Trump in 2019 reduced the agency's number of workplace safety inspectors to the lowest level since the early 1970s, shortly after OSHA's founding by fellow Republican President Richard Nixon in 1971. Biden and Democrats in Congress want a big boost in OSHA funding.
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