A 2-1 panel decision by the U.S. 6th Circuit Court of Appeals reversed a federal judge’s decision in a separate court that halted the mandate nationwide.
The regulation from the US Occupational Safety and Health Administration will go into effect January 4. With Friday’s ruling, it’s unclear when the request might be made.
Republican-led states joined conservative groups, business associations and some individual businesses to push back the request soon after OSHA announced the rules in early November, they argued. that OSHA does not have the authority to make emergency rules.
The case solidified ahead of the Cincinnati-based 6th round, which is dominated by Republican-appointed judges. Of the two rulings in favor of OSHA’s mandate, one was appointed by the Democratic president and the other by the Republican. Dissident judge appointed by former President Donald Trump.
Judge Julia Smith Gibbons wrote in her majority opinion: “Given OSHA’s clear and authoritative authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases not exclusive to the United States. Workplace.
Arkansas Attorney General Leslie Rutledge said she would ask the US Supreme Court to block the order.
“The decision of the Sixth Circuit is extremely disappointing for the Arkansans as it will either force them to take a hit or lose their jobs,” she said.
South Carolina Attorney General Alan Wilson, and president of the Republican Association of Attorney Generals, said in a Twitter announcement Friday that he was confident the mandate could be halted.
The vaccine requirement would apply to companies with 100 or more employees and would include about 84 million workers. Employees who are not fully vaccinated will be required to wear masks and be tested for coronavirus weekly. There will be exceptions for people who work outdoors or just stay home.
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