The Supreme Court still holds a controversial mandate over the OSHA vaccine.
Photo: US Supreme Court
The US Supreme Court on January 13 halted enforcement of a controversial emergency rule from the Biden administration that required businesses with more than 100 employees to require workers to be vaccinated against COVID-19 or otherwise weekly check.
The unsigned opinion came just days after the court heard it urgent appeal last Friday. The rule, an “emergency interim standard,” will affect more than 84 million workers. The trucking industry was among those that challenged the task, and it quickly suspended by the appellate court.
The Occupational Safety and Health Administration published an ETS in early November, deeming the mandate necessary to ensure a safe workplace for employees in the face of the COVID-19 pandemic. The administration said a 1970 law allows the agency to make emergency rules when a “serious hazard” exists that could expose workers to “substances or agents determined to be toxic.” harm or harm to the body or from new hazards”.
The majority of the judges disagreed, arguing that the agency had exceeded its authority.
The court wrote: “While Congress has indisputably given OSHA the power to regulate occupational hazards, it has not given that agency the power to regulate public health more broadly. “Required vaccinations for 84 million Americans, chosen simply because they work for employers with more than 100 employees, certainly fall into the latter category.”
The court’s three liberal judges disagreed.
“It was an unusual emergency use of energy that occurred in an unusual situation, a situation this country has never faced before,” Deputy Attorney General Elena Kagan said.
American Trucking Association President and CEO Chris Spear released a statement calling it “a huge win.”
“Cargo has been at the forefront throughout the pandemic — delivering PPE, medical supplies, food, clothing, fuel and even vaccines,” says Spear. “Thanks to this ruling, our industry will continue to supply vital commodities, as our nation recovers from the pandemic and we grow our economy.”
The news comes after OSHA released a mandated FAQ that confirmed that most truckers alone will rule free.
Originally posted on Freight information
