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.
More on Policies & Issues
The Latest
TrendsDec 13, 2024
Selena Gomez Said ‘Forever Begins Now’ to Marquise Diamond Engagement RingEstimates on the size and value of the solitaire diamond, which is mounted on a diamond pavé-set yellow gold band, vary.
TrendsDec 13, 2024
Piece of the Week: Martin Katz’s Tanzanite Drops These half-moon tanzanite earrings totaling 25 carats are part of a special trunk show taking place this weekend in Dallas.
Recorded WebinarsDec 13, 2024
Watch: The Highs and Lows of 2024The National Jeweler editors recap the top news, the best jewels, and their favorite stories of the year.
Brought to you by
Advocacy and Excellence: How Jewelers of America Is Committed to Elevating Our Industry For over a century, Jewelers of America has been the voice of the industry and valuable resource to jewelers across the country.
AuctionsDec 12, 2024
Tom Brady’s Watches Top $4M at Sotheby’s AuctionThe highest-grossing lot of the sale was the retired QB’s Rolex Paul Newman Daytona “John Player Special.”
Weekly QuizDec 12, 2024
This Week’s QuizTest your jewelry news knowledge by answering these questions.
SourcingDec 12, 2024
Grizzly Emerald Auction Garners $22.4MRecent expansion initiatives at the Zambian emerald mine have shown strong production numbers, said Grizzly founder Abdoulaye Ndiaye.
MajorsDec 12, 2024
Mark Henry Appoints New Director of SalesCarrie Forman joins the brand to guide it into the next phase of growth with major and independent retailers in the U.S. and abroad.
Brought to you by
Protecting Your Sparkle: Why Screening Has Become Essential While no reputable jeweler would knowingly sell lab-grown stones as natural, it's a growing possibility.
SourcingDec 12, 2024
De Beers Announces 2024 ‘Shining Light’ Award WinnersThe competition awarded 12 designers, each from a country where De Beers recovers diamonds, with business support and tuition assistance.
CollectionsDec 12, 2024
The Jared Atelier x Vera Wang Collection Emphasizes EleganceThe high jewelry collection features 14 one-of-a-kind pieces, with serpent and ribbon motifs winding their way through the collection.
CrimeDec 11, 2024
Former Tiffany & Co. Factory Supervisor Sentenced for Stealing Precious Metals A federal judge gave Benjamin Preacher 59 days in jail, plus 10 months of home confinement and two years of supervised release.
GradingDec 11, 2024
IGI Set to Go Public Next WeekIn a CNBC interview, CEO Tehmasp Printer discussed the IPO in India and what declining lab-grown diamond prices mean for the company.
AuctionsDec 11, 2024
Sotheby’s Important Watches Sale Fetches $16.6MThe offering included vintage Rolexes, timepieces worn in “Titanic,” Steve McQueen's watch, and a special Citizen pocket watch.
CollectionsDec 11, 2024
Stephanie Gottlieb Brings Natural Diamonds to StudsThe 13-piece “Stephanie Gottlieb x Studs” collection is the piercing studio’s first fine jewelry offering to feature the gemstone.
IndependentsDec 10, 2024
Sauer Opens First U.S. StoreThe Brazilian jewelry brand made a home on New York City’s Madison Avenue with exclusive pieces only available at the location.
SurveysDec 10, 2024
Jewelry Among Top Sellers on Cyber Monday, Says AdobeAn Adobe Analytics report explored the rise in mobile shopping, the popularity of Buy Now Pay Later options, and peak shopping hours.
Events & AwardsDec 10, 2024
AGTA Launches Scholarship for University of Arizona Geosciences StudentsThe inaugural Dick Greenwood Memorial Scholarship in Gems Science will cover the fall 2025 and spring 2026 semesters.
Events & AwardsDec 10, 2024
JA New York To Debut 2 New Pavilions at Spring 2025 ShowA Piazza Italia pavilion will feature Italian designers and manufacturers while “MJSA Showcase” brings over a piece of the MJSA Expo.
CollectionsDec 09, 2024
Ray Griffiths’ First Coffee Table Book Spans 5 Decades of Design“Ray Griffiths: The Works” tells the story of the master jeweler’s career, which started with an apprenticeship in Australia at age 15.
MajorsDec 09, 2024
Thomas Davis, Grant Mobley Join WJA Foundation Board Davis is the director of business development at Select Jewelry Inc., and Mobley is the jewelry and watch editor at the Natural Diamond Council.
FinancialsDec 09, 2024
Movado’s Q3 Sales Down 3% Amid ‘Challenging’ EnvironmentThe retailer has been upping its marketing spend to drive revenue growth and brand awareness.
IndependentsDec 06, 2024
After 44 Years in Business, This Wisconsin Independent Is ClosingMike Straub and John Treiber opened Treiber & Straub in 1980 with the goal of bringing Milwaukeeans the best jewelry brands.
TrendsDec 06, 2024
Pantone’s Color of the Year Is a Delicious MousseThe color for 2025, “Mocha Mousse,” embodies thoughtful indulgences and everyday pleasures.
CollectionsDec 06, 2024
Piece of the Week: Cocoerow Fine Jewelry’s ‘Kokoro’ PendantThe Yoruba word for ant, “Kokoro” embodies the strength of womanhood in ant society while highlighting responsible sourcing.
FinancialsDec 06, 2024
Roberto Coin Acquisition Gives Watches of Switzerland a Boost in H1The retailer’s jewelry sales doubled, with branded jewelry performing especially well.
FinancialsDec 05, 2024
Signet Jewelers’ Q3 Sales Slide Amid Slow Engagement Ring Sales, Tech IssuesThe jewelry retailer addressed the lab-grown diamond “disruption,” the price of gold, and its holiday weekend performance.
SurveysDec 05, 2024
Consumer Confidence Rises Again in NovemberA more positive view of the current labor market boosted the Conference Board’s index last month.
