Appeals Court Allows Biden Vaccine Mandate for Private Business with Over 100 Employees To Take Effect

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The 6th US Circuit Court of Appeals ruled that the Biden administration’s vaccine mandate for private employers of companies exceeding 100 people can take effect. The rule issued by OSHA meant that some 84 million US workers faced a January 4 deadline to get vaccinated before it was paused. It is unclear after the latest ruling last week when the requirement will be in effect. Under the rule, employees who are not fully vaccinated would have to wear masks and be tested on a weekly basis for COVID-19. The OSHA rule threatens fines of up to $13,600 per violation. It also threatens to fine an additional $13,600 per day that an employer does not abate the violation. For a willful, or serious, violation OSHA can issue a fine up to $136,000.

A federal appeals court late Friday in a split decision ruled that the Biden administration’s vaccine mandate for private employers of companies exceeding 100 people can take effect.

The 2–1 decision by a panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals dissolves the stay entered by the 5th U.S. Circuit Court of Appeals last month on the nationwide mandate.

The rule issued by OSHA meant that some 84 million U.S. workers faced a Jan. 4 deadline to get vaccinated before it was paused. It is unclear after the latest ruling Friday when the requirement will be in effect.

The case was brought by multiple businesses, including the American Family Association; multiple individuals; and several states, including Texas, Utah, and Mississippi. Petitioners said the mandate, promulgated as an Emergency Temporary Standard (ETS) by the Department of Labor’s Occupational Safety and Health Administration (OSHA), should be struck down because it exceeds OSHA’s authority under the Occupational Safety and Health Act.

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