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A federal appeals court reinstated a Biden administration rule requiring employees of large businesses to get vaccinated against COVID-19 or submit to weekly COVID testing starting in early January, The New York Times reported. The split decision from a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati overturned a lower court’s injunction blocking enforcement of the rule from the Occupational Safety and Health Administration, which applies to employers with 100 or more employees and affects an estimated 84 million workers.
“The record establishes that Covid-19 has continued to spread, mutate, kill and block the safe return of American workers to their jobs,” Judge Jane B. Stranch wrote. “To protect workers, OSHA can and must be able to respond to dangers as they evolve.”
Republican-controlled states and some businesses have filed multiple suits to block the OSHA rule, and several challengers said in response to the appellate court ruling that they planned to file or had already filed petitions with the Supreme Court.
A separate COVID-19 vaccination mandate for employees of federal contractors remains blocked after a federal judge issued a preliminary injunction earlier this month.
