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Biden Administration’s OSHA vaccine mandate halted

NEW ORLENS, LA, November 6, 2021 – This morning, the U.S. Court of Appeals for the Fifth Circuit in New Orleans grants request to halt the Biden’s Administration’s vaccine mandate which was enacted by the Occupational Safety and Health Administration (OSHA) on Friday, November 5.

To view the injunction in its entirety click here.

The lawsuit was filed on Friday by the states of Texas, Mississippi, South Carolina, Utah and Louisiana; and included numerous businesses.

The three-judge panel ruling stated the petitioners “give cause to believe there are grave statutory and constitutional issues.”

According to the temporary injunction, the Biden Administration can respond to the petitioners’ motion for a permanent injunction by 5 p.m. on Monday, November 8, and the petitioners can file any reply by 5 p.m. Tuesday, November 9.

Official Portrait of the 29th Secretary of Labor, Marty Walsh
U.S. Labor Secretary Marty Walsh

On Thursday, OSHA introduced a vaccine mandate for any workplace that has more than 100 employees. According to the mandate, employees will need to be vaccinated against COVID-19 by January 4, 2022 or get tested for the virus weekly. Companies that fail to comply could face penalties of nearly $14,000 per violation.

In the November 4 press release by OSHA, U.S. Labor Secretary Marty Walsh stated the mandate is needed to contain the virus.

“COVID-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” said U.S. Labor Secretary Marty Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19. Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect.”

The emergency temporary standard (ETS) by OSHA that took effect immediately on November 5, also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.

Texas Gov. Greg Abbott celebrated the appeals court ruling Saturday.

“We will have our day in court to strike down Biden’s unconstitutional abuse of authority,” Abbott said in a tweet.

Biden’s mandate applies to 84 million workers at mid-size and large companies.

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