, private employers with 100 or more staff must ensure that their workers are fully vaccinated or produce a negative COVID-19 test weekly.
Opponents could argue a grave danger, which is not defined in the law, doesn't exist on a national level as the current spike in COVID-19 cases has been regional. "COVID is new and has been a grave danger in the workplace. I think the agency is on solid legal ground here," said Debbie Berkowitz, a former senior OSHA official.Before the pandemic, OSHA issued only nine emergency temporary standards - and the last one was in 1983. Courts blocked or stayed four of them and partially vacated another, according to a report by the Congressional Research Service.
OSHA's mandate could also be vulnerable to legal challenges because months have passed since vaccines became widely available, and it may be difficult for the agency to explain why there is a grave danger now but there was not one earlier this year, said James Sullivan of law firm Cozen O'Connor, who represents employers.
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