The sweeping national mandate, covering 80 million workers, will almost certainly face challenges in court from some businesses and Republican organizations.
, the labor secretary has the authority to issue what's called an emergency temporary standard if he or she determines workers "face grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." The emergency standard is supposed to be replaced by a permanent rule after six months.
They also argued that OSHA can only regulate hazards specific to the workplace, not those generally present in the world at large. The National Retail Federation echoed that view in its letter. "Workers face the danger of COVID-19 wherever they go," French said. "They are endangered by COVID-19, because they are human beings going about the world, not because they go to work."
"OSHA's mandate is to protect workers from hazards and in this case an infected worker, an unvaccinated worker, is a potential hazard to other employees," said Jordan Barab, deputy assistant secretary of OSHA during the Obama administration.
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