The Federal Appeals Court for the 6th Circuit lifted a stay of the Occupational Safety and Health Emergency Temporary Standard establishing a vaccine mandate and testing protocols for employers with at least 100 employees. The controversial rule was halted in November.
In its ruling, the court stated, “OSHA has demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
Early Saturday morning, Kentucky Attorney General Daniel Cameron filed a petition with the U.S. Supreme Court asking for a stay of the rule. If the court declines to stay the rule while reviewing the matter, it will take effect on January 4.
When the rule was first issued the Kentucky Chamber President and CEO Ashli Watts issued the following statement in defense of employer rights:
“The Chamber continues to be a strong advocate for vaccination to control the spread of the virus, but the recent filing of the OSHA emergency temporary standard that requires certain employers to mandate vaccines or testing is an attack on employers’ rights. We have maintained throughout the pandemic that policies should protect the rights of employers to make vaccination and testing decisions based on what is best for their facilities and workers with consideration of their customers. The Chamber will help businesses navigate this recent rulemaking and the challenges it presents.”
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