The Occupational Safety and Healthcare Administration (OSHA) announced that it is “suspending activities related to the implementation and enforcement of the ETS [OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard] pending future developments in the litigation.”
This means that the OSHA standard, directed by the Biden Administration, ordering all employers with 100 or more employees to either implement mandatory COVID-19 vaccination policies, or require employees to present a weekly negative COVID-19 test, is null.
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According to OSHA, the court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.”
According to the New Civil Liberties Alliance, the OSHA standard would “force 84 million employees nationwide—over half the U.S. workforce—to either take a novel vaccine against an infectious disease, navigate weekly costly testing, or forfeit their jobs.”
“The announcement comes following a November 12 decision by the U.S. Court of Appeals for the Fifth Circuit granting a motion to stay OSHA’s ETS. The court ruled that OSHA ‘take no steps to implement or enforce’ the ETS “until further court order.”
The New Civil Liberties Alliance filed an amicus brief in BST Holdings, LLC, et al. v. OSHA, et al. in the U.S. Court of Appeals for the Fifth Circuit, challenging the mandate.
NCLA also said they recently filed a class-action lawsuit against the U.S. Government, Dr. Anthony Fauci, and other members of the Safer Federal Workforce Task Force, the group designated to act as the intermediate enforcer of the executive order mandating that all federal employees get vaccinated. The lawsuit, James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al., filed in the U.S. District Court for the Southern District of Texas by NCLA contends that the Federal Employee Vaccine Mandate violates employees’ constitutional and statutory rights.
“OSHA’s ETS was expected to force over half the U.S. workforce to either take a novel vaccine whatever their wishes, thus abrogating informed consent, navigate weekly costly testing and wear masks, or forfeit their jobs,” said John Vecchione, Senior Litigation Counsel, NCLA. “The OSHA rules don’t even pretend to regulate the workplace. They nakedly regulate the worker. ‘Take it or you’re fired’ is not informed consent. It is the practice of medicine without a license by a lawless bureaucracy. We commend the Fifth Circuit for enjoining OSHA from enforcing the mandate.”
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