Professor Aaron Saiger was quoted in an article by Bloomberg Law discussing President Biden’s emergency mandate on employer vaccination requirements.
President Joe Biden last week directed the Occupational Safety and Health Administration to develop an emergency temporary rule on employer vaccination requirements, which would also include an option for workers to get tested regularly instead of getting a shot. But the agency has a poor track record defending such regulations, losing five out of the six times they were challenged in court.
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OSHA appears to have a strong argument that an emergency standard on employers mandating Covid-19 vaccination or testing passes legal muster given that the disease is contagious, can be deadly, and the risk of further infection expands with every transmission, said Aaron Saiger, an administrative law professor at Fordham University.
But challengers could plausibly argue that the regulation should be blocked because most people recover from Covid-19 and breakthrough infections among the vaccinated show that the rule might not work, Saiger added.