In a 22-page ruling issued on Friday, a three-judge panel on the U.S. OSHA, he wrote, was created by Congress to ensure safe and healthful working conditions but was not “intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.WASHINGTON - A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it. Judge Englehardt’s ruling strongly sided with their point of view. Their lawsuit argued that the mandate was an unlawful overreach that exceeded the authority Congress had legitimately delegated to OSHA.Īmong other things, they argued that the agency has no power to regulate protections against exposure to disease, as opposed to workplace hazards like asbestos, and that framing the mandate as a workplace safety effort was just a pretext for the Biden administration’s real motivation: pressuring Americans who have been reluctant to get vaccinated. The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions - even, or perhaps particularly, when those decisions frustrate government officials.”Ī coalition of plaintiffs - including several employers and Republican-controlled states - immediately challenged the employer mandate in court. He added: “Of course, the principles at stake when it comes to the mandate are not reducible to dollars and cents. “From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” Judge Kurt D. Court of Appeals for the Fifth Circuit, in New Orleans, held that a group of challengers to the mandate issued by the Biden administration was likely to succeed in its claim that it was an unlawful overreach, and barred the government from moving forward with it.
WASHINGTON - A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it.
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