CHARLESTON — The Biden Administration released details of its vaccine mandates for large businesses Thursday, with Republican lawmakers in Congress attempting to halt the rule and West Virginia’s top attorney prepared to file suit.
The U.S. Occupational Safety and Health Administration announced Thursday that companies with more than 100 employees have until Jan. 4, 2022, to either get their employees vaccinated against COVID-19 or implement a weekly testing regimen for employees.
Employees of businesses who receive Medicare or Medicaid funding only have the option for vaccinations, though there are provisions for religious and medical exemptions. OSHA requires businesses to provide paid time off for employees to get vaccinated and sick leave for employees who test positive for COVID-19.
While it’s unclear how OSHA would enforce its vaccination rules, businesses who fail to comply with the OSHA rule could face $14,000 for each individual violation. The rule comes after President Joe Biden issued an executive order in September requiring COVID-19 vaccinations for federal employees, private federal contractors, and businesses with more than 100 employees.
On Thursday, U.S. Sen. Shelley Moore Capito, R-W.Va., joined 40 Republican Senate colleagues in announcing their intent to use the Congressional Review Act to overturn the rule. The Congressional Review Act gives Congress veto power over certain rules implemented by federal agencies, but it must get support of majorities in the Senate, the House of Representatives, and overcome a likely veto by Biden in order to overturn the rule.
Speaking Thursday, Capito said that while she supports the COVID-19 vaccines and encourages people to get vaccinated, mandates should be up the individual businesses.
“I deeply reject that the President can mandate what private businesses are doing in this space,” Capito said.
“At least it’s not in the next several weeks, but I think it’s very problematic. We have joined with some of our colleagues to try to take that rule down, and I certainly know that it will be challenged in the court.”
Some of West Virginia’s House of Representatives members spoke up about their opposition to the Biden Administration mandates.
“Encouraging Americans to receive a vaccine is a worthwhile effort. But enacting mandates on our small businesses, inappropriately through OSHA rules, only fuels our workforce shortages and further inhibits our economy from returning to pre-Covid growth,” U.S. Rep. David McKinley, R-W.Va., said in a statement Thursday.
Alex Mooney, West Virginia’s Republican 2nd District Congressman, also spoke out against the OSHA vaccination rule on social media Thursday.
“I am strongly opposed to OSHA’s vaccine mandate rule,” Mooney said on Twitter. “West Virginians deserve to have a choice of whether to be vaccinated or not. Employees should be able to meet with their doctor and make the choice that is best for them, without having to worry about losing their jobs.”
Last week, West Virginia Attorney General Patrick Morrisey said his office joined six other states in filing a lawsuit specifically against Biden’s vaccine mandate for federal contractors. Morrisey accused Biden and federal agencies of forcing companies to choose between firing employees or giving up billions of dollars in federal contracts.
“We asked for a preliminary injunction,” Morrisey said Tuesday after a press briefing regarding other federal cases. “The Biden administration is not acting consistent with federal regulations. There has not been adequate federal authority delegated to it to proceed. We believe this is a very important issue.”
Morrisey, anticipating the release this week of the OSHA rule, said his office and Attorneys General offices in other states have been preparing drafts of what a possible lawsuit could look like. Morrisey believes one of the reasons the Biden administration has been slow in releasing the OSHA rule is due to concerns over its legality.
“We have heard from many people in West Virginia who are deeply concerned about the federal mandates,” Morrisey said. “We do think there are strong arguments to stop the contractor mandate, and we think there are very, very strong arguments in respect to the employer mandate in terms of OSHA’s authority, because we think that is very weak and limited.”
Last month, the West Virginia Legislature passed a bill creating a medical and religious exemption process for COVID-19 vaccinations, requiring a statement from a doctor or a notarized statement as to the individual’s religious beliefs. The new law, added to the October special session call by Gov. Jim Justice, doesn’t take effect until January and could require amendments during the 2022 legislative session to remain in compliance with the OSHA rule.
“The Legislature did pass a law that may be in conflict with federal statutes,” said Bill Crouch, secretary of the Department of Health and Human Resources, during Wednesday’s COVID-19 briefing. “There could be lawsuits in regards to this bill … we’re hoping things get sorted out a little more before we get (to January), but we understand the concerns.”