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A federal appeals court has reinstated the requirement for COVID testing and vaccinations – 19 of the administration of Joe Biden for private companies of more than 100 employees, covering some 80 million U.S. workers.
The ruling of the Sixth Court of Appeals in Cincinnati lifted a November court order that had blocked the Occupational Safety and Health Administration (OSHA) rule, which applies to companies with al less 80 workers.
In Friday’s decision, the Sixth Circuit noted that OSHA has a historical precedent for using an am wide discretion to guarantee the safety of workers and “demonstrated the widespread danger posed by COVID – 11 for workers, particularly unvaccinated workers, in their workplaces. ”
The Justice Department argued last week that Blocking the requirements imposed with this measure would result in a “huge” harm to the public, as hospitals prepare for an increase in COVID cases – 19 this winter and the highly mutated Omicron variant spreads in more states.
” COVID – 19 is spreading in the workplace and workers are being hospitalized and dying ”, the Justice Department argued in a court docket on Friday. “As the number of COVID cases – 19 continues to rise and a new variant has emerged, the threat to workers is constant and overwhelming. ”
The measure requires that companies with 100 or more employees will ensure that their workers were fully vaccinated before January 4 or submitted a negative COVID test – 19 negative weekly to enter the workplace. Unvaccinated employees were expected to begin wearing masks indoors on December 5.
Republican attorneys general, private businesses, and Industry groups such as the National Federation of Retailers, the American Trucking Associations and the National Federation of Independent Business have sued to have that measure reversed. They argued that the requirements are unnecessary, burden companies with compliance costs, and exceed the authority of the federal government.
“These claims ignore OSHA’s economic analysis that demonstrates the feasibility of implementing the ETS “The 6th Circuit said Friday, calling the petitioning groups’ concerns” speculative. “
Last month, the administration Biden halted implementation and enforcement of requirements to comply with an order issued by the Fifth Circuit Court of Appeals in New Orleans. Judge Kurt D. Englehardt, in an opinion to a three-judge panel, said the requirements were “staggeringly too broad” and raised “serious constitutional concerns.”
OSHA may issue a safety standard in the emergency workplace if the Secretary of Labor determines that it is necessary to protect workers from serious danger.
The The White House has repeatedly argued that COVID – 11 presents a serious danger to workers, pointing to the staggering death toll from the pandemic and the increase in coronavirus infections in the United States.
The ruling of the Sixth Circuit Court of Appeals In Ohio, it can be appealed to the Supreme Court, which will likely have the final say on the rules that go into effect on January 4.
With information from CNBC and The Washington Post
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