After a series of court rulings halting President Joe Biden's vaccination mandate for private companies, OSHA has officially suspended the implementation and enforcement of the requirement. The mandate was scheduled to go into effect January 4, 2022.
"On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA 'take no steps to implement or enforce' the ETS 'until further court order,'" the OSHA website states. "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."
After a lawsuit was filed by a number of state Attorneys General, the Fifth Circuit Court of Appeals issued a temporary stay on November 6, 2021, and said the mandate has "grave statutory and constitutional issues."
The stay was then upheld.
??Citing Texas’s “compelling argument[s],” 5th Circuit has stayed OSHA’s unconstitutional & illegal private-business vaccine mandate. WE WON! Litigation will continue, but this is a massive victory for Texas & FREEDOM from Biden’s tyranny & lawlessness.https://t.co/w7MKyXs73L— Attorney General Ken Paxton (@KenPaxtonTX) November 13, 2021
The White House has maintained the mandate is constitutional. President Biden has told employers and companies to ignore the court ruling and proceed with implementation.
The White House on Monday said businesses should move forward with President Joe Biden’s vaccine and testing requirements for private businesses, despite a federal appeals court ordering a temporary halt to the rules.
“People should not wait,” White House Deputy Press Secretary Karine Jean-Pierre told reporters during a briefing. “They should continue to move forward and make sure they’re getting their workplace vaccinated.”