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January 20, 2022 - Attorney General Miyares Joins 27-State Letter to OSHA Asking the Agency to Withdraw COVID Vaccine Mandate

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Commonwealth of Virginia Office of the Attorney General

Jason S. Miyares Attorney General

202 North 9th Street Richmond, Virginia 23219 804-786-2071 FAX 804-786-1991 Virginia Relay Service 800-828-1120

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Letter follows U.S. Supreme Court decision to temporarily halt OSHA mandate for large employers

Richmond,VA. – Attorney General Miyares today joined a coalition of 27 attorneys general, led by Kentucky, in a letter to the Occupational Safety and Health Administration (OSHA), asking the agency to withdraw its COVID-19 vaccine mandate for large employers.  The letter follows a 6-3 decision by the U.S. Supreme Court last week, which temporarily halted the Biden Administration’s OSHA vaccine mandate in response to a legal challenge brought by other state attorneys general in addition to trade groups, nonprofits, and private businesses.

Despite the Supreme Court’s ruling, OSHA has not withdrawn the emergency temporary standard (ETS), which would require vaccination for tens of millions of employees across the country.

“The Supreme Court was clear – the federal government does not have the authority to force Virginians to choose between their jobs and the vaccine,” said Attorney General Miyares.

“I promised to fight back against federal overreach, and protect the constitutional rights and individual dignity of Virginians. Today, I’m proud to announce that I’ve joined 26 states in fighting back against OSHA’s continued power grab attempt.”

In the letter, the coalition maintains that the current OSHA mandate is unlawful because the agency does not have the authority to issue a broad vaccine mandate for larger employers. The letter states that, “[T]he [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.”

The coalition also 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.” 

The letter was sent to OSHA as part of the federal government’s formal regulatory comment process. The letter was led by Kentucky and co-signed 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, Utah, West Virginia, and Wyoming.

To view a copy of the letter, click here

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