AFA of PA ACTION ALERT
December 3, 2021
OSHA and Vaccine Mandates — Leave Your Comment
What does the OSHA statute say? The statute that created OSHA and gave it its administrative authority talks about substances or chemicals that employees would be exposed to. It doesn’t talk about any vaccine mandates!! So, apparently any vaccine mandate forced on employers would be illegal, but that has not stopped the Biden Administration from telling employers to ignore the Fifth Circuit Court of Appeals decision to maintain an emergency stay on the vaccine mandate. The 5th Circuit, noting “grave statutory and constitutional issues,” referred to the above statute and said, “. . . it remains unclear that COVID19—however tragic and devastating the pandemic has been—poses the kind of grave danger [the statute] § 655(c)(1) contemplates.” Read the entire ruling here
Action Steps After the 5th Circuit blocked the vaccine mandate, OSHA announced it would temporarily suspend enforcement of the mandate as the cases work their way through the court system. However, they are still taking public comment on the issue until 11:59 p.m. EST on December 6th. You can leave your comment here
Remember all comments are considered public and will be posted on the Federal Register website.