Joe Biden ordered Occupational Safety and Health Administration to issue a rule requiring firms with 100 employees or more to mandate vaccinations for their workforces, with weekly testing for those who opt out
GO BACK THREE or four months and America’s fight against covid-19 seemed to be going pretty well. Vaccination rates were rising, covid deaths were falling and the Biden administration was optimistic the pandemic would recede. The reality has since changed. The highly contagious Delta variant has sent cases surging. They now top 150,000 new cases a day on average, the highest level since January.
Ordinarily, implementing such a rule could take years. But a procedure known as an “emergency temporary standard” allows OSHA to bypass the normal standard-setting process. Instead it will enter into force when OSHA releases it, after which the agency has six months to develop a permanent version. To justify an ETS, the agency must show it is necessary to protect employees from “grave danger”—a standard never clearly defined by Congress.
The Supreme Court has yet to weigh in on vaccine requirements But plaintiffs have sued successfully to scuttle other public-health measures from the Biden administration. In August the Supreme Court invalidated a moratorium on evictions issued by the Centres for Disease Control and Prevention . And in July a federal appeals court rejected restrictions imposed by the CDC on cruise ships.
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