What’s in a Number? For OSHA Vaccination Mandate, It’s Crucial

President Joe Biden‘s call for OSHA to enact a Covid-19 vaccination and testing mandate for employers with 100 or more employees puts the agency in new territory for rulemaking.

“There is no precedent for a 100-person threshold,” said Thomas McGarity, who teaches administrative law at the University of Texas at Austin School of Law and follows the Occupational Safety and Health Administration’s regulations.

If the emergency rule the agency releases follows the administration’s plan to require that businesses with 100 or more employees ensure their workers are fully vaccinated or tested weekly, it also would be one of ...