The U.S. agency in charge of the Biden administration's new rules requiring COVID-19 vaccination at many private workplaces faces internal and external challenges that put its ability to enforce the mandate effectively in question.
President Joe Biden announced on Thursday that all staff at U.S. private sector firms with 100 or more employees will have to ensure staff are fully vaccinated or tested regularly.
OSHA plans to publish an Emergency Temporary Standard to enact the new requirements, the White House said Friday. That measure, which is used to accelerate urgent rules, has only been used 10 times in OSHA's 50-year history. Courts have invalidated or halted four of those rules and partially blocked one, according to the Congressional Research Service.
The new vaccination rule would likely be in effect while any legal challenges played out, but OSHA's low success rate with ETS rules undercuts its ability to instill fear in scofflaws. OSHA now has an estimated 800 safety and compliance inspectors to cover the more than 100,000 private sector companies affected by the new rule.
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