U.S. appeals court reinstates COVID-19 vaccine-or-test rule for U.S. workplaces

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FILE PHOTO: A general view of the skyline of Manhattan as seen from the One World Trade Center Tower in New York
FILE PHOTO: A general view of the skyline of Manhattan as seen from the One World Trade Center Tower in New York City, New York, U.S., June 15, 2021. REUTERS/Mike Segar/File Photo

December 18, 2021

By Tom Hals

WILMINGTON, Del (Reuters) -A U.S. appeals court on Friday reinstated a nationwide vaccine-or-testing COVID-19 mandate for large businesses, a federal government rule that covers 80 million American workers.

The ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration (OSHA), which applies to businesses with least 100 workers.

The law “authorizes OSHA to act on its charge ‘to assure safe and healthful working conditions for the nation’s work force and to preserve the nation’s human resources’,” said the opinion from the three-judge panel.

President Joe Biden unveiled in September regulations to increase the adult vaccination rate as a way of fighting the pandemic, which has killed more than 750,000 Americans and weighed on the economy.

Companies such as United Airlines have used mandates to increase the number of vaccinated employees, often with only a small number of workers refusing the shots.

Republicans, conservative groups and trade organizations sued over the OSHA rule, arguing the agency overstepped its authority.

The rule set a Jan. 4 deadline for compliance, although it unclear if that will be enforced because the rule was blocked for weeks.

(Reporting by Tom Hals in Wilmington, Delaware; editing by Diane Craft and Grant McCool)

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