States Threaten Legal Action Over Biden Administration’s COVID-19 Action Plan to Require Testing and Vaccinations

In a letter to President Biden, the Attorneys General of 24 states announced opposition to the President’s direction to the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard for employers with 100+ employees. The letter highlighted practical concerns, including impact to workforce shortages, as well as legal challenge to authority under the Occupational Safety & Health Act to promulgate an ETS under these circumstances. The letter urged the President to reconsider his plan and alternatively threatened to “seek every available legal option to hold [the President] accountable and uphold the rule of law.”

Despite the Administration’s September 9 announcement directing OSHA to implement a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require negative tests for those unvaccinated, the rule has yet to be published. ANCOR will update members with details about this rule once the regulation is published.