US court reinstates Covid vaccine mandate for large US businesses

Fri, December 17, 2021

The national mandate will cover more than two-thirds of US workers

A federal appeals court has reinstated a vaccine-or-testing mandate for large US businesses.

The mandate will require workers at private companies with more than 100 employees to get fully vaccinated against Covid-19, or be tested weekly.

It had been blocked by a court ruling last month, with critics citing "grave statutory and constitutional" issues.

But a three-judge panel ruled on Friday that delaying its implementation would hinder efforts against Covid-19.

The ruling, which would cover more than two-thirds of the nation's workers, marked a major win for President Joe Biden. But opponents have signalled plans to appeal the verdict at the Supreme Court.

Many businesses in the US already require their employees to be vaccinated. There are also requirements for military and federal contractors.

The US workers refusing to get jabbed

The latest mandate is set to be in place from 4 January.

In addition to its vaccine and testing regulations, it also requires companies to determine which of their employees are vaccinated, and to enforce a mask mandate among unvaccinated workers.

It was issued by the US Occupational Safety and Health Administration (OSHA) in November. OSHA argued that it could save more than 6,500 lives and prevent a quarter of a million hospitalizations during the six months it would be in effect.

But the mandate attracted a raft of legal challenges from 27 states, as well as private companies and industry groups. Opponents argued that OSHA did not have the legal authority to enforce the rule, and that it would be costly and lead to worker shortages.

In a 2-1 ruling, the judges said these concerns were "entirely speculative".

"Fundamentally, the [rule] is an important step in curtailing the transmission of a deadly virus that has killed over 800,000 people in the United States, brought our healthcare system to its knees, forced businesses to shut down for months on end, and cost hundreds of thousands of workers their jobs," wrote Circuit Judge Jane Stranch.

Job Creators Network, a conservative advocacy group that was party to the case, said in a statement that it was disappointed with the decision.

"This mandate adds an incredible burden on small business owners who are still suffering negative effects of the pandemic," it added.

Similar mandates for healthcare workers and federal contractors are currently being held up in separate court disputes across the US.

More than 72% of the US population has received at least one Covid vaccination, according to the Centers for Disease Control and Prevention. However, some 80 million people in the US remain unvaccinated.