A new analysis by the Congressional Research Service, Congress’ nonpartisan research arm, suggests that President Joe Biden’s intention to require all workers at companies with at least 100 employees to get vaccinated against COVID-19 might not pass legal muster.
On September 9, Biden said that he would use the Occupational Safety and Health Administration (OSHA)’s jurisdiction over workforce safety to require some 80 million workers to get vaccinated against coronavirus or undergo weekly testing. To get around the fact that enacting an OSHA rule typically takes four to seven years, it will use emergency authority known as Emergency Temporary Standards (ETS).
“OSHA may promulgate an ETS without supplying any notice or opportunity for public comment or public hearings. An ETS is immediately effective upon publication in the Federal Register. Upon promulgation of an ETS, OSHA is required to begin the full rulemaking process for a permanent standard with the ETS serving as the proposed standard for this rulemaking. An ETS is