The new federal COVID-19 vaccine mandate for American workers is raising many questions. How will it work? And can the government really do this?

Labor Attorney Ira Mirkin said this is not completely new territory and mandates to keep workers safe is exactly what OSHA does, which is the federal agency mandating the vaccine. 

"This is OSHA's mission," Mirkin said, "It's to protect employees from dangers in the workplace. It's nothing new for OSHA to establish regulations to protect workers from disease. I mean they've done it regularly in respect to blood-born pathogens with respect to air quality measures."

Mirkin said what's a little different here is the way the mandate is being implemented, through what's called "Emergency Temporary standards," which are reviewed after six months.

"I guess we can expect challenges based on whether this is sufficiently within the power of the Department of Labor, but I don't really see much of a question about that," Mirkin said, "I think it is within their power. The question to me is whether it meets the emergency temporary standard."

The Emergency Temporary standard statute states the mandate must be two things: "grave" and "necessary."

"Meaning that the nature of the consequences are so serious that they reach the level of gravity required and necessary is the question of whether there might be viable alternatives," he said. 

Whether the pandemic rises to that level, is ultimately up to the U.S. District Court.

Attorney Mirkin said anyone who is adversely affected by the vaccine mandate has the ability to petition to the court of appeals. More details from the Department of Labor on this mandate are forthcoming.