FULL COMPLIANCE WENT INTO EFFECT ON JANUARY 4, 2022
As of December 17, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati overturned the Fifth Circuit’s ruling, blocking OSHA’s vaccine/testing mandate. This OSHA rule states that businesses of 100 or more employees must require vaccinations for their workers by January 4. If an employee chooses to remain unvaccinated, they must submit to weekly testing and wear masks indoors. However, employers are not obligated to provide the option for personnel to stay unvaccinated if they do not have religious or medical reasons.
OSHA reinstated this mandate because the 1970 law gave them the impetus to establish new and necessary rules ensuring workplace safety. This law is only applicable to circumstances where OSHA can provide evidence of a “grave danger” in the workplace. Two of the three judges (Judge Stranch and Judge Gibbons) of the Sixth Circuit believe that the presence of Coronavirus pandemic provides enough proof of danger, thus finding it necessary to overturn the Fifth Circuit ruling.