Despite the fact that the COVID-19 vaccines are highly effective against serious illness/death and are free to all eligible Americans, our country has struggled with a recent surge of COVID-19 hospitalizations and deaths. In response, President Biden made an unprecedented move by directing the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard requiring private employers who employ 100 or more employees to mandate that employees either receive the COVID-19 vaccine or in the alternative undergo weekly testing for COVID-19. OSHA requires all employers under its General Duty Clause to provide a safe workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.”