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People wait in line to enter the mass vaccination site. People wait in line to enter the mass vaccination site at M&T Bank Stadium and receive the Pfizer vaccine to protect against COVID-19 in Baltimore in April. (Photo: Diego M. Radzinschi/ALM)

Private employers seeking to challenge the Biden administration’s vaccine mandate for businesses could have some precedents on their side, based on earlier legal challenges to emergency steps taken by the Occupational Safety and Health Administration. And what does exist is not entirely favorable to the federal agency.

“It would be charitable to call it a mixed success,” Seyfarth labor and employment senior counsel Scott Hecker said of OSHA’s past defense of its so-called emergency temporary standards, or ETS.

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