Home>Articles>OSHA Suspends Enforcement of Employer Vaccine Mandate Following Fifth Circuit Order

Patient getting vaccine. (Photo: OSHA.gov)

OSHA Suspends Enforcement of Employer Vaccine Mandate Following Fifth Circuit Order

‘Take it or you’re fired’ is not informed consent for 84 million employees nationwide

By Katy Grimes, November 17, 2021 1:03 pm

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.”

For more information visit the New Civil Liberties Alliance here, and OSHA here.

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10 thoughts on “OSHA Suspends Enforcement of Employer Vaccine Mandate Following Fifth Circuit Order

    1. Well there RV, or is it recreational vehicle?
      You just cannot handle an opinion on political matters that differs from your own.
      This is typical of right wingers.

      1. You might as well have responded with “I know you are, but what am I”…

        Sad & pathetic….
        but you can go take our shots for us, cool??? (More for you!)

  1. That’s great news, but why is the mandate freeze ONLY for employers with 100 employees or more, why isnt it for anyone that’s being threatened with the jab or lose your job?

  2. I’m seeing no action being taken in favor of those that work for companies with federal contracts. I would hope the same legalities cover us in that camp.

  3. W16521 yes RV recreational vehicle. Recommend touring the United States in one. I can’t handle a political opinion other then my own? Hmm that would make sense if I lived in a state where there were no vaccine mandates for children to go to school, or for me to go into a grocery store, or where I have to pay $580 to get my vehicle registration but the fact is I live in California so I have no choice but to handle political opinions that are not my own. Speaking of which what are your opinions? Do you even have any of your own? I know your opinions are whatever the Governor says, or what the SACBEE says, what ever your party tells you to think. Do you even know what your party stands for? Several decades ago the democrats were the party of the working people, they strongly opposed war as well. Not anymore. I remember Pelosi and several other Dems giving Trump credit for the first time after bombing Syria. Your party didn’t even want to raise the minimum wage to $15 even though they got votes for promising it. The progressives all ran promising to fight for Medicare for all but once in office they don’t say a word about it. They don’t even show up a huge rally for it that drew thousands of people that voted for them. Personally I think both parties are corrupt to the core. They are not governing on behalf of the people. We know who they represent. Its not you or me and if you think otherwise your a damn fool. You say I can’t handle your political opinion but your cult have been deleting people from social media because of that exact reason. And like a good cult member you completely ignore it and think its ok. I’m sure several people that comments on this site wish you were silenced or deleted. But they know better and believe in the first amendment. Honestly I don’t give a crap about you. I don’t like putting people down but you don’t seem very smart. Maybe you will actually say something in a comment about an article that will prove me wrong. I hope your smart enough to at least realize that despite being so devoted to your cult, you and I are in the same boat and they don’t give a you know what about either one of us.

  4. Comrades
    This agency has caused more grief, lost productivity, unmerciful snitching and billions to nonsense…..OSHA is a failure, a government run nightmare….

  5. Some very troubling news is the small British territory Gibraltar just announced they are canceling all Christmas celebrations after surging covid cases. Gibraltar is the most vaccinated region in the world with just about 100% of its population vaccinated. The link below is a article from Yahoo News about it. Is this what we can expect to happen here in the upcoming weeks and months? Maybe they need to shift from a pandemic to an endemic. This virus is looking more and more like the flu in that its not going to go away and we all are going to get it sooner or later. If that’s the case mandates, and passports need to end immediately. And all those who were fired or quite should have their jobs and all benefits restored as well. You cannot mandate people to take a shot that does not work.



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