OSHA will face a hard time justifying its Covid-19 emergency temporary standard following the CDC’s decision last week to allow fully vaccinated people to not wear masks, employer-side attorneys are saying.
The Occupational Safety and Health Administration must prove that Covid-19 poses a “grave danger” to workers that a regulation can prevent. The White House’s regulatory office has been reviewing an OSHA standard, granting dozens of meetings with union and business groups, even as the pandemic begins to show signs of subsiding. OSHA instructed employers May 17 to follow the new CDC mask guidance for people fully vaccinated against Covid-19.
“The CDC says the risk of Covid infection is minimal for people who are fully vaccinated. That alone will likely weaken OSHA’s argument that this poses a grave danger to employees,” said Rachel Conn, a partner with Nixon Peabody in San Francisco.
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