Federal Court of Appeal | Re-commitment to the vaccine in American companies

(Washington) On Friday, a US federal court reinstated the vaccine obligation for employees of large companies, which the Biden administration wanted to stop the Covid-19 pandemic, which was suspended in early November by another case.

The controversial measure is forcing tens of millions of employees at companies with more than 100 employees to be vaccinated by January 4, under pain of very regular testing.

Announced in mid-September, it was adopted in early November by the White House and promptly challenged in court, notably by Republican-controlled Texas who oppose any vaccine commitment to combat the pandemic.

The Texas Court of Appeals suspended that action on November 6, pending review of the merits of the lawsuit.

Another New Orleans appellate court had upheld that suspension in mid-November, holding that the vaccination obligation “significantly” is beyond the authority of the US government.

“It has been established that the COVID-19 virus has continued to spread, transform, kill and prevent the safe return of American employees to their work,” the Ohio Court of Appeals said Friday, in its decision issued by the Ohio Court of Appeals. The Ministry of Justice to decide on all appeals.

This decision can still be appealed to the US Supreme Court.

Judge Jane Strache adds: “To protect workers, the Federal Occupational Safety and Health Agency (OSHA) can and should be able to respond to evolving hazards.”

She notes that the Occupational Safety and Health Administration (OSHA) has historically had broad powers to ensure worker safety and “has demonstrated the broad danger that COVID-19 poses to workers – particularly unvaccinated – in their workplace.”

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The suspension of the vaccine commitment was a major setback for Democratic President Joe Biden, who considered the measure “the best way out of this pandemic.”

“A lot of people remain unvaccinated until we can leave them for good,” he said.

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