b'LEGISLATIVE REPORT:President Wants Workers to LEGISLATIVE Have COVID-19 VaccinationsED WELCH // PVA LEGISLATIVE DIRECTORP residentBidensPathOutoftheagainst the coronavirus. In lieu of vaccination,Mr.Bidencannotimplementthis Pandemic, announced on Sept. 9, willanemployeemaybetestedweekly.Therequirementonhisownsay-so.Instead, requirethatlargerprivateemployersrule will apply to any employer with 100 oritmustbepromulgatedasarulebythe mandatethattheirworkersbevaccinatedmore workers. federalOccupationalSafetyandHealth Administration (OSHA).Untilnow,therehasneverbeenafederal ruleregardingprivatesectoremployee vaccinationsortestingmandate.However, the Occupational Safety and Health Act of 1970givestheagencybroadauthorityto protect workers. The statute directs generally thateachcoveredemployershallfurnish toeachofhisemployeesemploymentand a place of employment which are free from recognizedhazardsthatarecausingorare likely to cause death or serious physical harm to his employees. Furthermore, the covered employershallcomplywithoccupational safetyandhealthstandardspromulgated under this Act. Typically,toestablishasafetyandhealth standard,OSHAfollowsanadministrative process that includes notice, public comment period, and hearing. However, it is expected that in this instance OSHA will invoke the lawsprovisionallowingtheestablishment ofanEmergencyTemporaryStandard. Doing so will allow the agencys standardwhich will incorporate a worker coronavirus vaccinationtotakeimmediateeff ect uponpublicationintheFederalRegister, assumingthatthesecretaryoflabor determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that suchemergencystandardisnecessaryto protect employees from such danger. Does anyonedoubtthatOSHAwillconclude that the coronavirus pandemic is sufficient justifi cation for the labor secretary to make these two determinations?LEGISLATIVE REPORT 28 FOGHORN'