Policies & IssuesDec 06, 2021
De Beers Owner to Require COVID-19 VaccinationsPolicies & IssuesDec 21, 2021
President Biden’s Vaccine or Testing Mandate Gets Green Light
OSHA said it will hold back on issuing noncompliance citations due to the confusion surrounding the mandate.
Private companies with 100 or more employees are required to either have their workers fully vaccinated against COVID-19 or require weekly testing, as per the OSHA rule.
New York—President Biden’s vaccine and testing mandate for private businesses was reinstated by a federal appeals court last week following a November injunction.
A ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that blocked a rule by the Occupational Safety and Health Administration (OSHA) requiring companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing.
The initial announcement about the Emergency Temporary Standard (ETS) implemented by OSHA was met with some pushback, including from the National Retail Federation, which filed a lawsuit in November to challenge the rule.
The trade organization once again expressed its concerns about the ruling in a statement issued Friday by David French, its senior vice president of government relations.
“NRF has long maintained that OSHA, in promulgating its Vaccine Mandate Emergency Temporary Standard, exceeded the authority granted to it by Congress in 1970 and crafted a rule that is infeasible for employers to implement during the critical holiday season,” said French.
The organization asked the Biden administration to delay the implementation guideline and said it will “consider additional legal options.”
Other critics of the bill had echoed the NRF’s sentiment, but the federal government contended it had the authority to issue the mandate since Congress has authorized OSHA to issue an ETS when employees are exposed to a “grave danger,” like COVID-19.
The 6th Circuit agreed in its decision Friday, pointing out OSHA’s historical precedent for using its discretion to protect workers, and said it had demonstrated the “pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
Related stories will be right here …
A ruling by the 6th U.S. Court of Appeals in Cincinnati lifted a November injunction that blocked a rule by the Occupational Safety and Health Administration (OSHA) requiring companies with 100 or more employees to either have their workers fully vaccinated against COVID-19 or require weekly testing.
The initial announcement about the Emergency Temporary Standard (ETS) implemented by OSHA was met with some pushback, including from the National Retail Federation, which filed a lawsuit in November to challenge the rule.
The trade organization once again expressed its concerns about the ruling in a statement issued Friday by David French, its senior vice president of government relations.
“NRF has long maintained that OSHA, in promulgating its Vaccine Mandate Emergency Temporary Standard, exceeded the authority granted to it by Congress in 1970 and crafted a rule that is infeasible for employers to implement during the critical holiday season,” said French.
The organization asked the Biden administration to delay the implementation guideline and said it will “consider additional legal options.”
Other critics of the bill had echoed the NRF’s sentiment, but the federal government contended it had the authority to issue the mandate since Congress has authorized OSHA to issue an ETS when employees are exposed to a “grave danger,” like COVID-19.
The 6th Circuit agreed in its decision Friday, pointing out OSHA’s historical precedent for using its discretion to protect workers, and said it had demonstrated the “pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
The mandate caused some confusion when it was first announced in the fall without key details, leaving business owners with many unanswered questions. The confusion may have been exacerbated by the injunction and, now, reinstatement of the rule.
“To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS,” a Department of Labor spokesperson said in a statement.
The rule required affected businesses to have workers fully vaccinated or be submitting a weekly COVID test by Jan. 4.
Unvaccinated employees were required to wear masks indoors as of Dec. 5.
OSHA will not issue citations for noncompliance with any of the rule’s requirements before Jan.10.
It will not issue citations for noncompliance with the rule’s testing requirements before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”
OSHA said it will work with those under the rule to provide compliance assistance.
Though the rule has passed one hurdle, there may be a Supreme Court battle up ahead.
Texas Attorney General Ken Paxton tweeted, following the Friday ruling, that he would ask the Supreme Court to overturn the rule.
The Justice Department expressed concern that blocking the OSHA rule will be detrimental to the public as COVID-19 cases rise this winter and the Omicron variant rages.
“COVID-19 is spreading in workplaces, and workers are being hospitalized and dying,” the Justice Department said in a court filing Friday.
“As COVID-19 case numbers continue to rise and a new variant has emerged, the threat to workers is ongoing and overwhelming.”
For more information about COVID-19 safety or the vaccine, visit the Centers for Disease Control and Prevention’s website.
Editors' Picks
Sponsored by
More on Policies & Issues
The Latest
AuctionsSep 01, 2026
UK Woman Uncovers Rare Patek Philippe Watch in Mom’s Jewelry BoxThe stainless steel Patek Philippe “Calatrava” watch from the 1930s sold for nearly $80,000 at a recent Hansons Cornwall auction.
ColumnistsSep 01, 2026
Your Jewelry Marketing Has a Bridal ProblemEngagement rings are important but don’t ignore the customers who are buying jewelry “just because,” Emmanuel Raheb writes.
MajorsSep 01, 2026
Kering Names New Pomellato, DoDo CEOsFormer Pomellato CEO Sabina Belli has been named president of Kering Italia amid a shakeup of Kering's new Jewelry division.
Brought to you by
Your Piece Could Be the One Editors Talk AboutSubmit your pieces for a chance to win in this year's competition.
MajorsSep 01, 2026
Anne Marie Shulman Joins GPA GlobalThe veteran luxury packaging executive was appointed to help the company grow its North American business.
Weekly QuizAug 27, 2026
This Week’s QuizTest your jewelry news knowledge by answering these questions.
CrimeAug 31, 2026
$4M Van Cleef & Arpels Diamond Necklace Snatched From Vienna Museum Once the property of an Egyptian queen, the necklace was part of a larger exhibition of VCA jewelry at the Museum of Applied Arts (MAK).
GradingAug 31, 2026
GIA, Gübelin Gem Lab Confirm New Paraíba Tourmaline Deposit in EthiopiaThe labs’ separate investigations each determined that the East African country is producing copper-bearing tourmaline.
Brought to you by
Why More Jewelry Retailers Are Hosting Turnkey Estate Buying EventsRetailers are seeking new ways to attract customers, increase traffic, and create revenue – Estate buying events are a popular solution.
Events & AwardsAug 31, 2026
Wisconsin Museum to Host Jewelry Exhibition“Chicago Collects: Jewelry in Perspective” at the Oshkosh Public Museum will feature works by Fabergé, Lalique, and Louis Comfort Tiffany.
CollectionsAug 31, 2026
Catbird Launches First Men’s Jewelry CollectionThe “Worn Well” collection is Catbird's take on classic men's jewelry.
CollectionsAug 28, 2026
Dolly Parton Would Have Loved This Butterfly Necklace This Buddha Mama butterfly is our Piece of the Week honoring the legend, who embraced the beautiful insect as her symbol.
SourcingAug 28, 2026
Gareth Penny to Give Opening Speech at CIBJO Centenary CongressThe former De Beers CEO, and perhaps its next owner, will be a featured speaker at the event, slated for Sept. 4-7 in Italy.
IndependentsAug 28, 2026
Day’s Jewelers Honored With 3 Workplace AwardsThe employee-owned jeweler was named a “Best Place to Work” in Maine, New Hampshire, and for women.
CollectionsAug 27, 2026
Pandora Expands ‘Talisman’ Collection as Lawsuit Continues The second iteration of the jewelry collection was inspired by the zodiac and the four elements: earth, water, air and fire.
SourcingAug 27, 2026
OFAC Renews License Allowing Import of ‘Grandfathered’ Russian Diamonds General License 104B supersedes General License 104A, which was set to expire on Sept. 1.
CrimeAug 27, 2026
Customs Seizes Nearly 900 Pieces of Counterfeit JewelryThe package, intercepted in Indianapolis, contained fake Cartier, Tiffany & Co., and Van Cleef and Arpels jewelry.
IndependentsAug 27, 2026
Jessica McCormack to Open First West Coast StoreThe new location in Costa Mesa, California, marks the brand’s second store in the United States and fourth standalone location worldwide.
FinancialsAug 27, 2026
Movado’s Q2 Sales Up As Younger Consumers Take Interest in WatchesThe fashion watch category was once threatened by the Apple Watch, but consumers are now opting for new wearables, said Movado’s CEO.
SurveysAug 26, 2026
5 Jewelry Insights From The RealReal’s Resale ReportThe report delves into trending styles, the most popular jewelry brands by city, and why Belle Époque jewelry could be the next big thing.
Lab-GrownAug 26, 2026
AGTA Now Requiring Members to Call Lab-Grown Gems ‘Synthetic’The association added the requirement to its revised "Code of Ethics" and released the 17th edition of its “Gemstone Information Manual.”
SurveysAug 26, 2026
Consumer Confidence Dips in August Amid Anticipatory Anxieties Respondents were concerned about the future of the labor market and their income as well as the rising prices of gas and groceries.
TrendsAug 26, 2026
Boucheron’s New Campaign Celebrates Its ‘Question Mark’ NecklacesThe campaign highlights the asymmetrical high jewelry necklace style that the jeweler first created in 1879.
Events & AwardsAug 26, 2026
Harry Winston Exhibition to Open in ShanghaiIt will explore the life of “The King of Diamonds” and showcase more than 165 creations from the brand.
CrimeAug 25, 2026
Florida Woman Scammed Out of $1.5M in Jewelry, Precious MetalsTwo suspects have been arrested in connection with the complex phone scam.
ColumnistsAug 25, 2026
Proof Before Purchase: The Gen Z Way to BuyIn her first column for National Jeweler, Jennifer Shaheen asks jewelers if they know how to connect with the next generation of consumers.
Events & AwardsAug 25, 2026
SSEF Opens 2026 Applications for Gemology Education ScholarshipsThe annual awards cover tuition for an on-site educational course at the Swiss lab, as well as flights and lodging.
TrendsAug 25, 2026
Brent Neale Celebrates Blackberry Farm’s Anniversary With JewelryThe jeweler partnered with the Tennessee resort to honor its 50th anniversary with limited-edition blackberry pendants and earrings.
