Attorneys general in 27 states have sent a letter to the Occupational Safety and Health Administration, asking OSHA to withdraw their vaccine mandate to large employers.
The effort was led by Kentucky AG Daniel Cameron, who said “In response to our lawsuit challenging the OSHA vaccine mandate, the U.S. Supreme Court found that the Biden Administration and OSHA lack the authority to mandate vaccines for hundreds of thousands of employees in Kentucky. In light of the ruling from our nation’s highest court, it is my hope that the Biden Administration will respect the court’s decision and withdraw the current OSHA mandate.”
The letter came just after the Supreme Court halted President Biden’s OSHA vaccine mandate for businesses with 100-plus employees while the mandate is being challenged in the Sixth Circuit.
Included in the endorsement of the letter were 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.
They wrote that the mandate was unlawful because OSHA does not have the authority to issue a broad mandate for large employers.
The Occupational Safety and Health Act was designed to address dangers employees face at work because of their work—not dangers that are no more prevalent at work than in society generally. The United States Supreme Court agrees and held that the ETS—or any similar permanent standard for that matter—fails to address a unique workplace hazard and is therefore unlawful.
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