Just when we think we are in the clear, they pull us back in.
The Six Circuit Court of Appeals has ruled that the coronavirus vaccine mandate from OSHA is constitutional, contradicting and removing the stay from the Fifth Circuit Court of Appeals.
You may be inclined to believe that the higher numbered court has higher power than the lower court, but they all have equal power; the number just determines the jurisdiction of the court. Equal power appears to be enough to override the previous ruling, and as such the vaccine mandate is once again set to become enforceable come January 10th, 2022.
As to be expected, the ruling has been met with disdain by industry advocates. The American Trucking Association, among others, is appealing to the Supreme Court to hear the case one last time.
“ATA will not stop fighting this misguided policy until our members and industry are fully relieved from its harmful impact on our ability to keep America’s supply chain moving,” ATA officials wrote.
Should the Supreme Court decline to hear the case, or hear the case and rule in favor of OSHA, the vaccine mandate against COVID-19 will essentially be set in stone.
Viability of Enforcement
Have you ever looked inside someone else’s vehicle while driving and saw them wearing a mask while they are alone in their car? That may be in the future of unvaccinated truckers, as the mandate allows people to not be vaccinated provided that they undergo weekly testing and wear a mask at the workplace.
For a business with a static location this sounds easy to audit, but for a truck driver, their workplace is always moving. It may be difficult for OSHA to track unvaccinated truckers that do not wear their masks alone in their cab, unless driver cameras are installed in the name of safety. We shudder at the thought.
Vaccinations are the most effective voluntary way to reduce chances of hospitalization from COVID-19. The second most effective is proper diet and exercise. If you are unvaccinated and against the mandate, do us a favor and go for a quick run on your next rest stop break!
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