Senate Considers CRA Vote on COVID-19 ETS

Senate Considers CRA Vote on COVID-19 ETS

The Senate is considering exercising a power granted to it under the Congressional Review Act (CRA) to overturn President Biden’s COVID-19 Emergency Temporary Standard (ETS). The CRA gives Congress the authority to overturn rules issued by federal agencies within a certain period of their issuance. The Act requires lawmakers to submit and act on a joint resolution of disapproval that must be passed by both houses of Congress and is subject to presidential veto. A total of 20 rules have been overturned since the CRA was enacted in 1996.

The COVID-19 ETS requires employers with 100 or more employees to implement a vaccination policy requiring their employees to either undergo vaccination or face mask requirements and weekly COVID-19 testing by January 4, 2022. More than 30 legal challenges to the ETS were filed in a dozen different federal circuit courts of appeals since the ETS was published. The Sixth Circuit Court of Appeals will hear the consolidated challenges to the ETS.

The Occupational Safety and Health Administration (OSHA) recently updated its website to note that it “has suspended activities related to the implementation and enforcement of the ETS pending future developments in litigation.”

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