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The Biden administration recently announced plans to utilize the Occupational Safety and Health Administration's ("OSHA") emergency rule-making powers to mandate that any employer with more than 100 employees require that employees be fully vaccinated against COVID-19.

The statute that provides OSHA the authority to issue emergency rules is 29 U.S.C. 655(c)(1), which states as follows:

The Secretary shall provide, without regard to the requirements of chapter 5 of title 5, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he 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 such emergency standard is necessary to protect employees from such danger.

1.Does the interstate commerce power permit the federal government to mandate that employers require employees be vaccinated? Explain your answer.

2.Does the language of the statute allow OSHA to issue an emergency rule with regard to COVID-19 vaccinations? Explain your answer with reference to the specific statutory language.