ANALYSIS: What Past Battles Mean for OSHA’s Covid Vaccine Plan

All U.S. companies with 100 or more employees could be required to mandate either Covid-19 vaccinations or weekly testing for their workers, under an emergency rule announced by the Biden administration last week. The rule is expected in the coming weeks but, if history is any guide, it faces a narrow path to enactment.

The rule, which comes as a part of a larger White House effort to increase vaccination rates, is being put forward as an “emergency temporary standard” by DOL’s Occupational Safety and Health Administration. Unlike traditional regulations, emergency standards bypass the long rulemaking process that requires public ...