The U.S. Court of Appeals for the 5th Circuit has extended indefinitely its stay of OSHA’s COVID-19 vaccine emergency temporary standard (ETS) just days before a multi-court panel is set to consolidate all pending ETS suits before a single court, holding that the rule is “fatally flawed” on statutory grounds and is “likely unconstitutional.”
Labor unions have filed at least three lawsuits over OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, opening proceedings in appellate courts with a Democratic majority among their active judges, ahead of an expected “lottery” to consolidate all ETS litigation in a single circuit.
OSHA is urging a federal appellate court to wait to consider litigants’ bids to block implementation of its COVID-19 vaccine standard until the many pending challenges to that rule are consolidated into a single venue, while also raising its first defenses of the rule against claims that the policy is unlawful or unconstitutional.
Legal experts and a former OSHA official say a federal appeals court’s order blocking implementation of the agency’s COVID-19 vaccine standard is unlikely to have a long-term impact on the rule, while worker safety advocates are pointing to the unusually quick ruling as proof that politics are “front and center” in litigation over the policy.
The U.S. Court of Appeals for the 5th Circuit has blocked implementation of OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, writing in a one-page order that the rule appears to have “grave statutory and constitutional issues,” marking the first victory for opponents of the ETS in a barrage of pending suits over its legality.
OSHA’s new emergency temporary standard (ETS) for COVID-19 vaccination is drawing mixed reactions from stakeholders, as safety advocates are generally backing the rule but say it is not protective enough, while industry and others split between groups welcoming the mandate, sometimes with reservations, and others who say it is unlawful.
OSHA has released its emergency temporary standard (ETS) for COVID-19 vaccinations, with a Jan. 4 deadline for employers with 100 or more workers to begin requiring their employees to either show proof of vaccination or test weekly for the coronavirus, with administrative and record keeping mandates set to take effect Dec. 5.
The White House Office of Management and Budget (OMB) has completed its review of OSHA’s COVID-19 vaccination standard and the agency says it will release the rule “in the coming days,” as Republican state leaders and other opponents of vaccine mandates ready an expected blitz of legal challenges.
House members used recent hearings on COVID-19 issues to raise competing claims on OSHA’s impending vaccination standard, with Republicans arguing that the rule could exacerbate supply chain shortages and other economic fallout from the pandemic while Democrats said the agency must take a strict approach to protect workers.
The Senate has confirmed Doug Parker as the first permanent head of OSHA since the Obama era in a mostly party-line Oct. 25 vote that puts the former California work-safety chief in control of the agency just as it is poised to implement a much-anticipated COVID-19 vaccine standard and a host of the administration’s other priorities.