A coalition of 27 attorneys general across the country, including Kentucky Attorney General Daniel Cameron, are asking the Occupational Safety and Health Administration (OSHA) to withdraw its COVID-19 vaccine or test mandate for large employers.
The letter sent to OSHA comes after the U.S. Supreme Court temporarily halted the mandate requiring businesses with 100 employees or more to require vaccines or weekly COVID-19 testing for all employees.
The ruling from the Supreme Court was based on the argument that Congress has not given OSHA the power to enact such a mandate.
However, while the court ruling blocked the mandate, OSHA has not withdrawn the emergency temporary standard (ETS), which would require vaccination for tens of millions of employees across the country. And the case now goes back to the Sixth Circuit for further consideration on the merits of the challenge consistent with the Supreme Court’s decision. Meaning while blocked from going into effect, the ETS is not yet invalidated.
The coalition of attorneys general described the detrimental effect that the OSHA mandate will have on employers and businesses if it goes into effect: “The ETS fails to adequately consider the widespread economic damage the vaccine mandate may cause. This impact will be especially felt by vulnerable small businesses if a permanent standard applies to them.”
Attorney General Cameron led the letter and was joined by attorneys general from Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Utah, West Virginia, and Wyoming in signing it.
The Kentucky Chamber, the state’s largest business association, has maintained while it remains a strong advocate for vaccinations to control the spread of the virus, the OSHA mandate is a “clear attack on employers’ rights.”
Stay tuned to The Bottom Line for more updates on the mandate.