IWLA Files Petition Asking Court to Rescind the COVID Vaccination & Testing Standard

IWLA Files Petition Asking Court to Rescind the COVID Vaccination & Testing Standard

IWLA filed a legal challenge Nov. 9 against the Biden Administration’s emergency temporary standard, which would mandate businesses with 100 or more employees require workers take the COVID-19 vaccine or undergo weekly testing and wear masks while at work. IWLA filed a petition for review at the U.S. Court of Appeals for the Fifth Circuit arguing the court should stay OSHA’s “COVID-19 Vaccination and Testing; Emergency Temporary Standard.”

In the challenge, IWLA argues that OSHA needed to use the typical notice-and-comment procedure for the mandate to gather public input, rather than depending on a rarely used, and ill-defined “emergency” provision of the Occupational Health and Safety Act to immediately implement the mandate.

“IWLA believes this order is not necessary as infection rates are down,” says IWLA President & CEO Steve DeHaan. “The United States has managed the past year and a half without it and future infections rates will probably be lower. It appears that the current workplace rules have mitigated the spread of the virus to the extent that many employees are starting to come back to work.”

IWLA also argues that a nationwide COVID-19 vaccine and testing mandate, monitoring, and database is fundamentally a policy decision that should be left to the U.S. Congress. Lastly, IWLA argues the mandate will result in unrecoverable compliance costs, lost profits, lost sales, and it will further exacerbate the labor shortage for small businesses.


IWLA filed the challenge with the following business associations: Mississippi Trucking Association, Texas Trucking Association, Louisiana Motor Transport Association, American Trucking Associations, National Association of Wholesaler-Distributors, FMI – The Food Industry Association, NFIB, National Association of Convenience Stores, International Foodservices Distributors Association, and National Retail Federation.

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