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After SCOTUS loss, OSHA will withdraw vaccine or testing requirements for companies

The Biden administration announced Tuesday that it is rolling back the vaccine or testing mandate for enormous employers, effective Jan. 26. Instead, it will implement this mandate under a “proposed rule.”

“While OSHA is phasing out vaccinations and testing ETS as a feasible interim standard for emergencies, the agency is not withdrawing ETS as a proposed rule,” the U.S. Department of Labor’s Occupational Safety and Health Administration said in a statement. “The agency is prioritizing its resources to focus on finalizing a permanent health care standard for COVID-19.

“OSHA strongly encourages vaccinating employees against the continuing risks posed by Covid-19 in the workplace,” he added statement in addition.

The announcement comes after the Supreme Court blocked enforcement of the mandate earlier this month while challenges were pending in lower courts.

“While Congress has unquestionably granted OSHA the authority to regulate occupational hazards, it has not given the agency authority to regulate public health more broadly,” the court said in its Jan. 13 ruling. “Requiring the vaccination of 84 million Americans selected simply because they work for employers with more than 100 employees certainly falls into the latter category.”

Following the Supreme Court’s decision, the Biden administration on Tuesday filed a motion to dismiss existing lawsuits filed against the employer’s vaccine mandate. Twenty-seven Republican-led states and a coalition of businesses filed these legal challenges against the mandate.

“The federal government respectfully requests that petitions challenging the Occupational Safety and Health Administration’s (OSHA) Interim Immunization and Testing Standard (ETS) be dismissed to address the serious dangers posed by Covid-19 in the workplace,” he added . The Biden administration said in the proposal.

The Biden administration said it would rescind the mandate effective Wednesday, asking that existing lawsuits against it be declared moot. (Hill)

Update: The Republican National Committee called the move a “major victory” in the group’s “fight to protect workers and businesses from Biden and Democrats’ authoritarian vaccine mandates.”

“Hardworking Americans should not be forced to choose between getting vaccinated and providing for their families,” the statement added. “The Biden administration may have given up on trying to force an ’emergency’ vaccine mandate, but the fight is not over. The Republican National Committee’s legal team will continue to protect workers and businesses from Joe Biden’s authoritarian overreach.”

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