They claim COVID-19 is not a workplace hazard, per se, but something that’s all around us. Health care workers, in particular, should have an option other than vaccination, they argue.
Another argument is that mandates would push workers to quit, exacerbating labor shortages. That has happened here and there, Levin-Sherz said. But the costs of employing the unvaccinated — who face higher health risks and costs, and need to quarantine for longer — is the bigger issue, he tells Axios.The administration, public health experts and former OSHA staff say the agency is explicitly authorized to take emergency measures to protect workplace safety.
A lower court's ruling upholding OSHA's mandate notes that 80 of the 84 new COVID outbreaks reported in Washington state in December were in workplace settings, outside of health care.The court is expected to move relatively fast, possibly issuing a ruling by month's end. Observers say that the fate of the mandate rests with three of the justices: Amy Coney Barrett, Brett Kavanaugh and Chief Justice John Roberts.
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