In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration (OSHA or the Agency), the federal agency tasked with assuring a safe and healthful workplace. Recognizing that the “old normal” is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there. Despite access to vaccines and better testing, however, the virus rages on, mutating into different variants, and posing new risks. Throughout, American employees have been trying to survive financially and hoping to find a way to return to their jobs.
The COVID-19 pandemic has wreaked havoc across America, leading to the loss of over 800,000 lives, shutting down workplaces and jobs across the country, and threatening our economy. This means the mandate that makes no legal sense is back on. The Sixth Circuit Court of Appeals has ruled to dissolve the Fifth Circuit’s stay on the OSHA vaccine or test mandate.
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