If the situation involving different components of President Joe Biden’s COVID-19 vaccine mandate are already confusing, the situation is getting more muddled — at least in the short term.
In a split vote, the Sixth Circuit Court of Appeals has reinstated the component requiring vaccines and testing for businesses with at least 100 people. This was on hold for several weeks after a federal injunction in the Fifth Circuit Court of Appeals — meaning all plans from the Occupational Health and Safety Administration to both implement and enforce the mandate with fines of up to $14,000 per violation were suspended.
The Sixth Circuit says OSHA has precedent to take a number of steps to ensure worker safety. It also says arguments from a host of state attorneys general, including Kansas’ Derek Schmidt, about the negative impacts of the mandate were “entirely speculative.”
OSHA was initially planning to penalize businesses by early next month. It now appears OSHA will not issue citations for testing noncompliance before Feb. 9.
A motion requesting an emergency stay is now in front of the US Supreme Court.
Two other key aspects of the Biden vaccine mandate remain on hold at this time with temporary injunctions affecting vaccinations for personnel at healthcare facilities receiving federal funding and also for federal contractors.
