Biden's vaccine-or-test Emergency Temporary Standard was released on Friday with 30 days for businesses to implement the updated rules in their workplace. Just one day later, a federal appeals panel temporarily blocked the mandate asserting there may be constitutional issues with the requirement. This temporary block provided a lot of momentum for businesses, religious groups, advocacy organizations, and several states who have been arguing against the legality of this mandate since Biden announced his plan in September. The court will be questioning whether a mandate like this exceeded OSHA's authority and would need to be passed by Congress instead. Only time will tell if this temporary block will become permanent or just be a brief roadblock in Biden's COVID plan.
GotTheTest tip: Continue to plan and prepare as if the mandate will take effect. If the court finds that this mandate is within OSHA's authority to make, the deadlines of December 5, 2021 and January 4, 2022 will stay the same. This temporary block will not extend deadlines.
A quick read for businesses that need help understanding the ETS and how they can implement it with employer protection and employee privacy in mind.