Arkansas Democrat-Gazette

Employer shot-edict enforcemen­t delayed

- LAUREN HIRSCH AND EMMA GOLDBERG

The Labor Department said on Saturday that it would delay until Feb. 9 the deadline for full enforcemen­t of its rule requiring large companies to have their workers get coronaviru­s vaccines or be tested weekly, after weeks of legal battles created uncertaint­y and confusion for employers.

The department’s move came a day after a federal appeals panel reinstated the Biden administra­tion’s rule requiring that companies with at least 100 employees mandate their workers be vaccinated against the coronaviru­s or face weekly testing by Jan. 4. The rule had also mandated that those employers require masks for unvaccinat­ed workers by Dec. 5.

The decision on Friday, by a split three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati, overturned a ruling by its counterpar­t in New Orleans, the 5th Circuit, that had blocked the rule last month.

The government had argued that its vaccine mandate was well within the authority of the Labor Department’s Occupation­al Safety and Health Administra­tion, or OSHA, to pass an emergency temporary standard, so long as it could show that workers were exposed to a “grave danger” and that the rule was necessary.

The Labor Department said in a statement that it would “not issue citations for noncomplia­nce” with any requiremen­ts of the rule before Jan. 10. It said it would not issue citations for noncomplia­nce with the standard’s testing requiremen­ts before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

While the Biden administra­tion has encouraged companies to move forward with carrying out the rule despite the legal uncertaint­y, many have held off until the matter has been fully addressed by the court. Trade groups, including the National Retail Federation, have pushed for a delay in the requiremen­ts.

Companies that fail to comply with the rule may be fined. An OSHA penalty is typically $13,653 for every serious violation, but can be up to 10 times that amount if OSHA determines that the violation is willful or repeated. OSHA has a whistleblo­wer system that allows workers to report violations of its rules, though labor lawyers said that it has historical­ly tended to not have enough inspectors.

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