November 8, 2021
President Brandon’s promised vaccination mandates were delivered November 4, 2021.
Access AP Article Here
According to the COVID-19 Vaccination and Testing; Emergency Temporary Standard recorded in the Federal Register, effective November 5, 2021: “The Occupational Safety and Health Administration (OSHA) is issuing an emergency temporary standard (ETS) to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination. Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination”.
Access the federal register OSHA/labor Standards here
Although this ETS takes effect immediately, it also serves as a proposal under Section 6(b) of the OSH Act (29 U.S.C. 655(b)) for a final standard of this ETS. Comments on any aspect and whether this ETS should become a final rule, must be submitted by December 6, 2021.
Submit your Comments here in Docket No. OSHA-2021-0007.
A CMS rule titled, “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination” requiring vaccination of healthcare providers/hospital staff for Medicare/Medicaid patients was published by the Centers for Medicare & Medicaid Services on 11/05/2021.
On 11/5/21, multiple private businesses and companies with more than 100 employees and the State of Texas, Louisiana, Mississippi, South Carolina, and Utah filed an emergency injunction in the 5th Circuit Court.
On 11/5/21, Attorney General’s from eleven states file a lawsuit in the 8th U.S. Circuit Court of Appeals outside St. Louis MO, challenging a new vaccine requirement for worker.
On 11/6/21, the 5th U.S. Circuit Court of Appeals granted an emergency stay to the Brandon administration’s vaccine requirement for businesses requiring federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests. The three judge panel stated there were “grave statutory and constitutional issues,” and the court ordered the government stay enforcement of the ETS pending expedited judicial review.
According to the National Law Review, the US Department of Labor stated they are “confident in its legal authority to issue the rule, stating that the Occupational Safety and Health Act of 1970 ‘explicitly gives OSHA the authority to act quickly in an emergency’ and the Department is ‘fully prepared to defend [the ETS] in court.’” The government must respond by Monday, November 8 at 5:00 PM.
Read the AP Article on the Emergency Injunction here
On 11/8/21, the White House notifies businesses to continue preparations for compliance with the mandate despite the 5th Circuit response on 11/6/21.
Access the CNBC Video/Article here
On 11/8/21, it was observed the 5th Circuit order was not explicit as to application of the stay nation-wide. States that filed in the St. Louis-based 8th U.S. Circuit Court of Appeals asked Monday for clarification. The plaintiffs challenging the rule in the 8th Circuit also called Monday for a quick review of their challenge to the workplace rule.
Now the Biden team wants all of the court cases combined and the DOJ requested in court filings submitted 11/8/21 that one federal circuit court be chosen to hear all cases on 11/16/21.
Access the article on the DOJ Request to combine cases here
