Biden’s Vaccine Mandate Depends on Occupational Safety and Health Act Emergency Regulation

woman with a hard hat and safety glasses on

President Joe Biden is using what one court opinion called “the most dramatic weapon in OSHA’s enforcement arsenal” to back up his COVID-19 vaccine mandate for employers with 100 or more workers. 

But relying on this bureaucratic weapon could be a risky strategy in the face of litigation threats, since courts have struck down all or part of the Occupational Safety and Health Administration’s emergency regulations in four of the six legal challenges so far. 

Biden mentioned OSHA’s role Thursday in a speech promoting the need for Americans to get COVID-19 vaccinations during a trip to Elk Grove Village, Illinois, near Chicago. 

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