https://dl.airtable.com/.attachments/db446ada300c17b1c8e3a6530561a46f/e7ff5065/BSTHoldingsvOSHAOrder.pdf 11/13/21 Good News: Federal Appeals Court blocks "staggeringly overbroad" Biden Mandate for Private Companies A panel of three federal judges in New Orleans upheld their earlier decision to put on hold President Biden's scheme to force private companies with more than 100 employees to require Covid shots or face weekly tests or mask requirements. The Fifth U.S. Circuit Court of Appeals in New Orleans suspended the Biden administration scheme on November 6, citing "grave statutory and constitutional" issues. Yesterday the judges rejected an appeal by the Biden administration to proceed with the rule stating, "The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers)." The judges continued, "We next consider the necessity of the Mandate. The Mandate is staggeringly overbroad. Applying to 2 out of 3 private-sector employees in America, in workplaces as diverse as the country itself, the Mandate fails to consider what is perhaps the most salient fact of all: the ongoing threat of COVID-19 is more dangerous to some employees than to other employees. All else equal, a 28 year-old trucker spending the bulk of his workday in the solitude of his cab is simply less vulnerable to COVID-19 than a 62 year-old prison janitor. Likewise, a naturally immune unvaccinated worker is presumably at less risk than an unvaccinated worker who has never had the virus. The list goes on, but one constant remains-the Mandate fails almost completely to address, or even respond to, much of this reality and common sense." (Emphasis added) The ruling applies to Texas, Louisiana and Arkansas. Dozens of similar suits have been filed around the US by 26 states and many private companies.