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First, just only a few months before expanding the ETS to all industries, OSHA concluded that COVID-19 was only a grave danger to healthcare employers. To justify the requirement, OSHA would have to prove that COVID-19 poses a “grave danger” for all employers with 100 or more employees, which it cannot do for a couple of reasons, per the suit. Congress, which never happened, such a mandate would exceed the federal government’s power to regulate interstate commerce.Īdditionally, the petitioners note that the risk of COVID-19 infection is a society-wide danger, and not specifically related to the workplace therefore, it lies outside of OSHA’s legal domain. Even if the agency was granted such a power by the U.S. The suit stated that by issuing such a sweeping order, OSHA has exceeded its own authority under the Occupational Safety and Health Act. The petitioners argued that the ETS “is unprecedented in its scope” and “imposes substantial costs and burdens on employers and employees in every industry in the economy.” OSHA filed on November five by attorneys from Chicago-based Liberty Justice Center and the Pelican Institute for Public Policy of Louisiana, which represented a Louisiana supermarket chain and six employees of CaptiveAire, a Texas company that makes kitchen ventilation systems.
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The judges ordered the government defendants, including OSHA and the Department of Labor and their respective heads, to respond to the petitioners’ motion for a permanent injunction by 5:00 p.p. 21 60845.0īefore the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s NovemEmergency Temporary Standard (the “Mandate”) pending expedited judicial review.īecause the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court. On Saturday, a three-judge panel issued a brief order stopping the mandate in its tracks, while scheduling an expedited hearing that is expected to take place within the next few days. The ETS took effect on Friday, after it was published in the Federal Register on Thursday.
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Court of Appeals for the Fifth Circuit has issued an order temporarily halting the Occupational Safety and Health Administration’s Emergency Temporary Standard that mandates all private businesses employing 100 and more workers to ensure their employees get a COVID vaccine by January 4 or submit to weekly testing.