On Friday, a federal appeals court reinstated President Biden’s mandate that requires private employers to ensure staff are vaccinated or tested weekly.
While the mandate was initially blocked by another court, the 6th U.S. Circuit Court of Appeals in Cincinnati reversed the decision.
In a 2-1 ruling, the panel said legal challenges to the mandate would most likely fail. The Biden Administration will be allowed to enforce the policy using the Labor Department’s Occupational Safety and Health Administration.
Judge Jane Branstetter Stranch wrote “Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there”.
The 5th U.S. Circuit Court of Appeals in New Orleans had ruled in November to pause the mandate.
The new ruling says the mandate is needed to limit transmission of the virus. “Fundamentally, the [mandate] is an important step in curtailing the transmission of a deadly virus,” Stranch wrote.
A Labor Department spokesperson told Fox News “OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace”.
The Supreme Court is being asked to intervene and shortly after the new ruling, at least three petitions were filed to block the mandate.