There has been lots of talk about the OSHA vaccine and testing rule but that is not the only mandate that is out there. There are other mandates for healthcare workers and federal workers along with federal contractors. There is an update on those two vaccine mandates and one for the OSHA mandate.
Currently there are so many lawsuits with so many different complaints from so many different states it would be impossible to discuss all of them and have it up to date.
This process is nowhere near done; it is not over until all the appeals are exhausted from both sides and the courts have ultimately ruled on all these separate mandates.
It is very possible these cases will make it to the Supreme Court but the High Court does not take every appeal case it is presented to, the Justices may take one of them if it gets there. Then again they may not.
Where does the Centers of Medicare and Medicaid Vaccine Mandate stand? (CMS)
That mandate imposed by the Centers of Medicare and Medicaid is being challenged by dozens of states in separate federal courts. The centers for Medicaid and Medicare continue to say that they have the authority to move forward with this policy.
Time is ticking because the mandate says workers who fall into this category must have their first dose of a vaccine no later than December 6th. At this time there is no pause, stay or injunction on the mandate.
To see if this case goes anywhere we need to wait and see what the courts say from the rule and if the losing party decides to appeal.
What about the vaccine mandate for Federal Workers and Contractors?
This mandate is also facing several legal challenges: unions, federal workers, federal contractors all have filed a lawsuit.
So far judges hearing two separate cases have actually denied federal workers’ initial request for a preliminary injunction to stop this mandate from moving forward. That means as of right now it’s still going ahead. This does not mean it is over; the cases are still moving through the court system.
Just like the CMS mandate, time is of the essence as the vaccination deadline gets closer and closer.
Any update on the OSHA vaccine mandate?
Lastly the OSHA mandated that the 6th circuit court of appeal was selected by the multi-circuit lottery to hear all the cases challenging the OSHA vaccine and testing rule.
Since then OSHA put out a statement saying they would take no steps to implement or enforce the rule while this legal process plays out in the 6th Circuit Court of Appeals
You should remember enforcement of the vaccine mandate was never going to happen before the January 4th deadline.
Second this statement does not mean OSHA is giving up, in fact OSHA says in that very same statement they “remain confident in its authority to protect workers in emergencies”
Like every other mandate we will have to see what the Judges say in the 6th Circuit Court of Appeals.
