OSHA vaccine rule questions for TD legal scholars

The mandate is being given hell despite the media's normal talking points.

OSHA normally takes quite some time to implement any new regulation (generally). Until they formalize a regulation companies aren't technically liable.

I deal with CFRs frequently, OSHA being one, and IMHO I think that this will muddle out before it truly is mandated for non woke companies that are within the stated parameters.

You work for the woke you probably have already been given the ultimatum.

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The mandate is being given hell despite the media's normal talking points. OSHA normally takes quite some time to implement any new regulation (generally). Until they formalize a regulation companies aren't technically liable. I deal with CFRs frequently, OSHA being one, and IMHO I think that this will muddle out before it truly is mandated for non woke companies that are within the stated parameters. You work for the woke you probably have already been given the ultimatum.

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I agree with everything you said and yes the woke companies are already making it a requirement for employees and contractors ie. Chevron, etc.
most other larger companies are going to do it as well because of executive agency pressure. Play ball or osha, bsee, etc will do a random inspection and “find” some violations to get a fine out of you among other things for punishment.

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You work for the woke you probably have already been given the ultimatum.

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My employer is run by woke Chicago liberals.

I haven't been given the ultimatum yet, but it's only a matter of time.

Disclaimer: I have been following this but have not looked at where things stand in a few days.

1. What is the general timeline for judicial review?

This is complicated and will depend on whether an injunction is issued. My sense is that an injunction will be sought as soon as the reg takes effect and that things will be expedited. A normal case would take years to reach the USSC. I suspect this one gets there in months.

2. Do businesses need to wait for OSHA rules to actually be formalized before challenging the law?

Yes. (There is typically a public comment period, but this rule is being issued on an emergency basis and public comment is when you attempt to persuade the agency it is wrong. I take your question to address a judicial challenge.).

3. Saw an article mentioning that challenges to the law are handled via judicial lottery rather that assignment to a specific federal district court. Can said court issue a stay that would delay the implementation of the rule?

Yes, cases are assigned to specific judges within a given district by random selection. Also, the implementation of the reg could be delayed as the matter makes its way through the court system.

4.What do you think of the likelihood of a decision to have order narrowly struck down vs. broader unraveling of the executive branch's power via Chevron doctrine? Latter seems unlikely due to John Roberts, but what do I know?

This is where things get really interesting. If I recall correctly, Kavanaugh has expressed some Chevron skepticism. My guess, though, is that you see a narrow ruling that this rule is outside the legislative grant to OSHA, even under Chevron and even under the OSH Act's broad "general duty" clause.