Legal challenges are expected now that the federal government has set January fourth as the deadline for companies with more than 100 employees to have their workers vaccinated. OSHA’s regulations also require weekly COVID-19 testing of unvaccinated workers and wearing a mask in the workplace.
Loyola University Law Professor Dane Ciolino says the plaintiffs will argue it’s an overreach by the White House.
“It is an issue that should have been resolved by Congress rather than by action of the executive branch through administrative action,” said Ciolino.
Non-compliance would mean federal fines. Ciolino says the federal government will have a credible defense argument.
“They’ll argue that the virus presents a new and substantial threat to employees all over the country, therefore it gives them the right to make rules in this area,” said Ciolino.
Ciolino says there’s a good chance that a federal judge will issue – at least – a Temporary Restraining Order to delay the Executive Order taking effect, because courts have struck down onerous safety mandates in the past.
“The challenges to this sweeping mandate certainly will have a toe hold to work from and wouldn’t be surprised if they succeeded in some part of there challenge,” said Ciolino.
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