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OSHA Suspends Enforcement of COVID 'Vaccine or Test' Mandate

— Suspension does not affect CMS rule requiring healthcare worker vaccination

MedpageToday
The OSHA logo over a photo of a woman holding out her COVID-19 vaccine record card

WASHINGTON -- The Biden administration has temporarily suspended enforcement of a regulation requiring businesses with 100 or more employees to either mandate COVID-19 vaccination for all their workers or ensure that unvaccinated workers wear masks and are tested for COVID at least once a week.

The Occupational Safety and Health Administration (OSHA) Monday that on November 12, a U.S. appeals court "granted a motion to stay OSHA's (ETS), published on November 5. The court ordered that OSHA 'take no steps to implement or enforce' the ETS 'until further court order.'"

"While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation," the website said. OSHA had been hit with multiple lawsuits from states and private businesses objecting to the rule.

The suspension does not affect a separate rule , which mandates that all healthcare workers whose organizations receive funding from Medicare or Medicaid be fully vaccinated against COVID-19 by Jan. 4, 2022. "We have a higher bar for healthcare workers, given their critical role in ensuring the health and safety of their patients," a senior administration official stated during a background phone call with reporters the evening before the rule was announced. Healthcare workers will not have the option to submit to weekly testing in lieu of a vaccine.

The two rules combined, in addition to previous regulations, will extend vaccination requirements to roughly two-thirds of all employees nationwide, including 17 million healthcare workers and 84 million employees, officials said on that call. The penalty for a single citation is approximately $14,000, they noted. For "willful penalties," employers can be fined 10 times that amount, roughly $140,000.

As for the agency's legal authority to implement an ETS, a senior administration official said that 745,000 American deaths does indeed meet the criteria for a standard of "grave danger," and the standard is also "necessary" to protect workers.

Even before the ETS was issued, 24 state attorneys general if the Biden administration moved forward with vaccine-or-test rules for private businesses. And soon after the rules were announced, the Alliance Defending Freedom and the Dhillon Law Group to the Biden administration's rules on behalf of the Daily Wire, a conservative news site.

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    Joyce Frieden oversees MedPage Today’s Washington coverage, including stories about Congress, the White House, the Supreme Court, healthcare trade associations, and federal agencies. She has 35 years of experience covering health policy.