OSHA suspends enforcement of COVID-19 vaccine mandate for large businesses


Biden delivers remarks on the authorization of the coronavirus disease (COVID-19) vaccine for kids ages 5 to 11 on November 3, 2021. REUTERS/Evelyn Hockstein/File Photo

The Occupational Safety and Health Administration (OSHA) is abiding by a court order and suspending enforcement of the Biden administration's COVID-19 vaccine mandate on large private businesses.

In a statement shared to OSHA's website, the agency said, "The court ordered that OSHA 'take no steps to implement or enforce' the [Testing Emergency Temporary Standard (ETS)] ‘until further court order.'"

The agency said it "remains confident in its authority to protect workers in emergencies."

The suspension comes after the U.S. Court of Appeals for the Fifth Circuit upheld a stay on the mandate. In response to the court's decision, the Department of Justice said it will "vigorously defend" the rules laid out by OSHA.

"OSHA is complying with the 5th Circuit's stay," a Department of Labor official said. "OSHA is not enforcing or implementing the reg - so they are not engaging or offering compliance assistance."

OSHA had originally given employers with more than 100 employees a Jan. 4 deadline to comply with Biden's COVID-19 vaccine mandate and threatened thousands of dollars in fines for defiant businesses.

Prior to the suspension of enforcement for the mandate, senior administration officials said OSHA would assist employers in developing their own vaccine and testing standards. Fines for willfully failing to comply with the mandate could reach as much as $14,000 per violation, with the potential for multiple citations per business.

The White House said earlier this month that it would delay its federal contractor vaccine mandate deadline from Dec. 8 to Jan. 4.

Several congressional Republicans, as well as governors and state officials across the country, have pushed back against the Biden administration's vaccination efforts. A coalition of Republican attorneys general filed suit against the federal contractor mandate.