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
MajorsApr 23, 2025
Bulgari Doubles Size of Jewelry Factory in ItalyLocated in Valenza, the now 355,000-square-foot facility includes a new jewelry school that’s open to the public, Scuola Bulgari.
Events & AwardsApr 23, 2025
PDPaola Creative Director Wins FGI’s ‘Rising Star’ AwardPaola Sasplugas, co-founder of the Barcelona-based jewelry brand, received the Fine Jewelry Award.
AuctionsApr 23, 2025
Rare Custom Rolex Daytona Heads to AuctionA platinum Zenith-powered Daytona commissioned in the late ‘90s will headline Sotheby’s Important Watches sale in Geneva next month.
Brought to you by
Protect Your Customers and Your BusinessThe risk of laboratory-grown diamonds being falsely presented as natural diamonds presents a very significant danger to consumer trust.
MajorsApr 23, 2025
David Yurman’s New Campaign Stars Carmelo Anthony, Jaylen BrownThe basketball stars wear men’s jewelry from the “Curb Chain” collection.
Weekly QuizApr 18, 2025
This Week’s QuizTest your jewelry news knowledge by answering these questions.
MajorsApr 22, 2025
Zales’ Rebrand Takes Playful Approach to Fine JewelryThe Signet Jewelers-owned retailer wants to encourage younger shoppers to wear fine jewelry every day, not just on special occasions.
AuctionsApr 22, 2025
Christie’s to Auction JAR Jewelry CollectionThe 21 pieces, all from a private collector, will be offered at its Magnificent Jewels auction next month.
ColumnistsApr 22, 2025
The PR Adviser: Building Buzz Through Word of MouthLilian Raji answers a question from a reader who is looking to grow her jewelry business but has a limited marketing budget.
GradingApr 22, 2025
Avi Levy Is GCAL By Sarine’s New Chief Growth OfficerGCAL by Sarine created the new role to sharpen the company’s focus on strategic partnerships and scalable expansion.
IndependentsApr 22, 2025
Brinker’s Jewelers Acquires Fellow IndependentThe Indiana jeweler has acquired Scottsdale Fine Jewelers in Scottsdale, Arizona.
Events & AwardsApr 21, 2025
An Exhibition Exploring the History of Cartier Is Now on Display“Cartier: Design, Craft, and Legacy” opened earlier this month at the Victoria and Albert Museum in London.
IndependentsApr 21, 2025
New York Jeweler to Close After 111 YearsVan Cott Jewelers in Vestal, New York, is hosting a going-out-of-business sale.
IndependentsApr 21, 2025
IJO Names New Director of Vendor Relations, Merchandise StrategyIndustry veteran Samantha Larson has held leadership roles at Borsheims, McTeigue & McClelland, Stuller, and Long’s Jewelers.
Events & AwardsApr 21, 2025
Jewelers of Louisiana, Mississippi Jewelers Association to Co-Host ConventionThe two organizations will hold the educational event together this fall in Mississippi.
Events & AwardsApr 18, 2025
Daymond John to Give Keynote at JCK Las VegasThe entrepreneur and “Shark Tank” star will share his top tips for success.
CollectionsApr 18, 2025
Piece of the Week: Dukachi’s ‘Easter Bread’ PendantThe Ukrainian brand’s new pendant is modeled after a traditional paska, a pastry often baked for Easter in Eastern European cultures.
IndependentsApr 18, 2025
Bremer Jewelry to Reveal Renovated StoreThe jeweler has announced a grand reopening for its recently remodeled location in Peoria, Illinois.
MajorsApr 18, 2025
Tiffany & Co. Employees Star in Mother’s Day CampaignThe “Strong Like Mom” campaign features moms who work at Tiffany & Co. and their children.
CollectionsApr 17, 2025
John Hardy, Athena Calderone Partner on Art Deco Decor-Inspired CollectionInterior designer Athena Calderone looked to decor from the 1920s and 1930s when crafting her first fine jewelry collection.
FinancialsApr 17, 2025
Movado Group to Increase Prices to Offset Tariffs ImpactDuring a call about its full-year results, CEO Efraim Grinberg discussed how the company is approaching the uncertainty surrounding tariffs.
Lab-GrownApr 17, 2025
NDC Launches Its Diamond Learning CenterThe free program provides educational content for jewelry salespeople and enthusiasts to learn or refresh their diamond knowledge.
TechnologyApr 17, 2025
Technology Therapy Group Expands AI Training for Jewelry RetailersThe online sessions are designed to teach jewelers to use AI tools like ChatGPT and Claude to grow their business.
IndependentsApr 16, 2025
Catbird Expands to ChicagoThe opening marks the jewelry retailer’s first location in the Midwest.
CollectionsApr 16, 2025
Foundrae’s First Commitment Jewelry Collection Unites Through LoveThe “United in Love” collection offers tangible mementos of hearts entwined with traditional and non-traditional commitment heirlooms.
IndependentsApr 16, 2025
Indiana Jeweler to Host Black Jewelry Designer Pop-UpRobert Goodman Jewelers will hold a “Black Jewelry Designers and Makers” event on April 27.
MajorsApr 16, 2025
WJA Announces Board Members, New Chicago Chapter PresidentThe announcements follow a tumultuous start to 2025 for WJA, which saw a wave of resignations following controversial statements about DEI.
