Challenges to the Employee Vaccine Mandates Continue…
On Tuesday, October 26th, Bloomberg News reported that “the National Federation of Independent Business (NFIB) is emerging as the most likely industry group to join the horde of GOP state attorneys general and conservative interest groups that are likely to sue to block OSHA’s the emergency temporary standard (ETS). Elizabeth Milito, who manages litigation at NFIB’s Small Business Legal Center, said the group doesn’t think OSHA can satisfy the “grave danger” threshold the agency is bound by law to meet to justify an emergency rule.” Per Milito, “we are concerned about the burden this will impose on businesses in that 100-500 [employee] range, and then we are concerned about the precedent that an ETS in this situation would set.” With alarm over the supply-chain crisis and fears of losing vaccine-resistant workers, many employer groups are very concerned about this potential mandate.
Conversely, Rep. Wittman (R-VA) and ten of his Republican colleagues on the House Armed Services Committee sent a letter last Friday to President Biden and Defense Secretary Austin expressing their concern that the federal contractor vaccine requirement will “harm the livelihood of civilian contractors, industry partners, and strategic goals of our armed services.”