Jim Sullivan authored an article detailing that six of just nine emergency temporary standards issued by OSHA since the 1970s have been challenged in courts, and only one has been upheld. But President Biden’s executive orders requiring a COVID-19 vaccination mandate for employees in companies with 100 or more workers may boost vaccination rates, even if it ultimately is struck down by the courts. President Biden surprised private-sector employers when he directed the Occupational Safety and Health Administration to issue a new emergency temporary standard (ETS), that would require employers with 100 or more employees to mandate that all their employees either become fully vaccinated or undergo weekly COVID-19 testing.
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