NFIB Joins 10 Business Groups to Challenge OSHA’s Private Business Vaccines Mandate


The NFIB files a petition for review with the United States Fifth Circuit Court of Appeals.

The National Federation of Independent Businesses (NFIB) filed a legal challenge on November 9 against the Biden administration’s temporary emergency standard, which would require companies with 100 or more employees to demand that workers take the COVID-19 vaccine or undergo weekly tests and wear masks at work. The NFIB has filed a petition for review with the United States Court of Appeals for the Fifth Circuit, arguing that the court should suspend the “COVID-19 Vaccination and Testing; Temporary emergency standard.

The Fifth Circuit Court of Appeal temporarily suspended the Biden administration’s vaccination mandate last weekend following a challenge by many state attorneys general.

“The small business economy is fragile and owners continue to manage several business challenges around personnel and supply chain disruptions,” said Karen Harned, Executive Director of the Small Business Legal Center at the NFIB. “This mandate only increases these challenges and threatens to cause enormous financial loss. Ultimately, the mandate restricts the freedom small business owners depend on to run their businesses and is a clear example of administrative overshoot. “

In the challenge, the NFIB argues that OSHA should use the typical notice and comment procedure for the mandate of collecting public comment, rather than relying on a rarely used and ill-defined “emergency” provision. of the Occupational Health and Safety Act. immediately execute the warrant. The NFIB also maintains that a nationwide mandate, surveillance and COVID-19 vaccine and testing database is fundamentally a political decision that should be left to Congress. Finally, the NFIB argues that the mandate will result in sunk compliance costs, lost profits, lost sales and further exacerbate the labor shortage for small businesses.

The NFIB has filed the challenge with the following trade associations: Mississippi Trucking Association, Texas Trucking Association, Louisiana Motor Transport Association, American Trucking Associations, National Association of Wholesale-Distributors, FMI – The Food Industry Association, International Warehouse & Logistics Association, National Association of Convenience Stores, International Foodservices Distributors Association and National Retail Federation.

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