The Biden administration on Tuesday requested that a federal court in Cincinnati reinstate the Occupational Safety and Health Administration’s COVID-19 vaccination mandate.
Last week, OSHA opted to suspend enforcement after a federal appeals court in New Orleans upheld a stay on the mandate.
In a court filing this week, the administration argued that the court acted without legal rationale in staying the mandate.
In putting the brakes on the mandate last week, OSHA sowed confusion and created an “untenable environment for the home care community,” the largest home care association, the National Association for Home Care & Hospice, said.
The federal government recently imposed two vaccine mandates that affect home care and home health providers: one through the Centers for Medicare & Medicaid Services and the other through OSHA. According to the OSHA mandate, by Jan. 4, businesses with more than 100 people must have a fully vaccinated workforce or employees who test negative for COVID-19 once a week. For unvaccinated employees, weekly testing is required after that date. This rule covers 84 million employees.
The Biden administration noted in the court filing that more than 750,000 people have died from COVID-19 and the virus has caused serious medical problems to others.
Earlier this month, a New Orleans-based U.S. Circuit Court of Appeals for the 5th Circuit temporarily stayed, or blocked, the OSHA vaccination rule. The case has since been moved to a Cincinnati-based U.S. Court of Appeals for the 6th Circuit.
This is a developing story. Check back for the latest updates.
