On November 30, NELA filed an amicus brief in the 6th Circuit case In Re: OSHA Rule On COVID-19 Vaccination and Testing, 86 Fed. Reg. 61,402 (21-7000). Petitioners in this case aim to stay the recent OSHA regulation that requires companies with over 100 employees to impose vaccination or testing requirements in response to the COVID-19 pandemic. NELA’s brief highlights the tension created by regulatory requirements that ensure safe working conditions while limiting individual worker choice. Courts have long upheld that the benefits of regulations governing health and safety in the workplace outweigh the cost to worker choice; if Petitioners’ theory is adopted, the brief argues, the gates will open to challenge this line of jurisprudence. Additionally, the brief addresses the right of vaccinated workers to refuse unsafe working conditions were the vaccine mandate stayed.
NELA is joined on this brief by the Jobs With Justice Education Fund and we are grateful to NELA member Adam C. Breihan and NELA Board Member Mark Hanna, and their Murphy Anderson, PLLC colleagues Michael T. Anderson and Arlus J. Stephens for drafting this important brief.