TBA Law Blog

TBA Law Blog

Biden’s Vaccine, Testing Mandate Faces Legal, Legislative Challenges

Posted by: Stacey Shrader Joslin on Nov 5, 2021

The Biden administration’s requirement that all employers with more than 100 workers mandate COVID-19 vaccines or impose regular testing for staff will officially take effect Jan. 4, 2022, but challenges have already begun. Tennessee Attorney General Herbert H. Slatery III and six other attorneys general today filed a petition with the U.S. 6th Circuit Court of Appeals challenging the mandate. The group is asking the court to stay the emergency rule issued by the Occupational Safety and Health Administration (OSHA). They argue that OSHA lacks statutory and constitutional authority to take action against risks that are equally prevalent at work and in society at large since Congress specified that the rule making authority was designed to protect employees from dangers at their work places. National Public Radio also reports that other suits are expected from various groups of attorneys general and governors. And legislative challenges have been introduced in the U.S. Congress by Republican Tennessee lawmakers. Rep. Tim Burchett has introduced the “Keeping Our COVID-19 Heroes Employed Act” to protect essential workers from termination under the mandate. Sen. Marsha Blackburn has introduced the same bill in the Senate, the Claiborne Progress reports.

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