Dive Brief:
- On Friday, the U.S. Court of Appeals for the 6th Circuit effectively scrapped a hold on the Biden administration's hard-hitting vaccination mandate for businesses with over 100 employees, nullifying stays handed down by the 5th Circuit - including one filed by the National Retail Federation (NRF) last month.
- As a result, the Occupational Safety and Health Administration (OSHA) has resumed implementation of the vaccine mandate. It requires businesses to offer vaccine leave, verify employees' vaccination status, or implement masking and weekly testing for employees who refuse vaccination. However, enforcement and some deadlines have been delayed to allow employers to adjust and comply.
- The Supreme Court may yet have the final say, as a group of religious organizations filed an emergency stay application with the high court this weekend on First Amendment grounds. The NRF is also considering a further challenge.
Dive Insight:
Mandate for vaccination within the US reinstated by the 6th Circuit court
In its ruling, the 6th Circuit swiftly shredded the arguments brought forth by the NRF, one of which suggested that COVID-19 isn't a workplace issue or that OSHA's mandate doesn't include preventing highly communicable diseases at work.
Judge Jane Stranch penned, "The record demonstrates that COVID-19 continues to spread, mutate, kill, and thwart the safe return of American workers to their jobs. To safeguard workers, OSHA must retain the ability to react to evolving dangers."
The court concurred with OSHA's conclusion that the surge in COVID-19 cases after last year's lockdowns, combined with the rise and increased transmissibility of the Delta variant, necessitated the mandate. OSHA also argued that their previous non-regulatory efforts had been found lacking.
Evan Armstrong, vice president of workforce at the Retail Industry Leaders Association, commended OSHA's adaptability in implementing the mandate but stated, "Leading retailers are busy planning and executing processes to comply with the ETS vaccine and testing rules."
It remains unclear whether the Supreme Court will support the OSHA Emergency Temporary Standard rule. Keith Wilkes, a labor and employment partner at law firm Hall Estill, believes the 6th Circuit's judgement tilts the odds in favor of the rule. However, Jonathan Hyman, an attorney at law firm Wickens Herzer Panza, expressed skepticism, stating, "Given the current makeup of the Supreme Court, I'm not optimistic that the ETS will ultimately prevail."
As COVID-19 cases surge anew and the omicron variant spreads rapidly, OSHA may need to adjust the mandate to account for the variant and potential changes in definitions of "fully vaccinated." Both Hyman and Wilkes underscored the possibility of changes to the CDC's definition of full vaccination, given the Omicron variant's ability to breach current vaccine defenses.
With the holiday season upon us, consumers are growing increasingly apprehensive. A survey by Numerator found that while 71% of respondents agreed to some extent that a return to pre-pandemic normalcy may be impossible, anxiety levels are on the rise, especially in relation to shopping without a mask. The omicron variant has also seemingly dampened retail hiring, with a 26% drop in job ads during the week of Dec. 6, as reported by global job search engine Adzuna.
- The vaccination mandate for large businesses, currently being implemented by OSHA, requires businesses to offer leave for vaccination and verify employees' status or implement masking and weekly testing for unvaccinated employees.
- The 6th Circuit Court of Appeals, in its ruling, dismissed the arguments made by the National Retail Federation (NRF) against the mandate, stating that COVID-19 continues to pose a threat to workers and OSHA needs the ability to respond to evolving dangers.
- As the omicron variant spreads rapidly, there's a possibility that OSHA may need to adjust the mandate to account for the variant and potential changes in the definition of "fully vaccinated."
- A survey by Numerator shows that while most consumers agree to some extent that a return to pre-pandemic normalcy may be impossible, anxiety levels are rising, particularly regarding shopping without a mask.
- The mandate has seemingly hindered retail hiring, as reported by Adzuna, with a 26% drop in job ads during the week of Dec. 6.
- The Supreme Court may yet weigh in on the mandate, as a group of religious organizations and the NRF are considering further challenges on First Amendment grounds.
- According to Keith Wilkes, a labor and employment partner at Hall Estill, the 6th Circuit's judgment favors the OSHA Emergency Temporary Standard rule, but Jonathan Hyman, an attorney at Wickens Herzer Panza, expresses skepticism about the rule's ultimate success due to the current makeup of the Supreme Court.
- In the realm of health and wellness, both cybersecurity and AI are becoming increasingly important, as the pandemic has highlighted the need for secure digital health data and efficient research tools, respectively. For instance, AI-powered research can aid in the rapid development of vaccines and understanding of new variants like omicron.
