11 supply chain trade groups have joined forces against President Joe Biden’s employer-based COVID-19 vaccine mandate, filing a lawsuit with the U.S. Court of Appeals for the Fifth Circuit.
“This is not a case about the efficacy of COVID-19 vaccines, which are a marvel of modern medicine. … This is a case about American businesses that do not want to face the immediate irreparable harm of losing employees, incurring substantial and unrecoverable compliance costs, and worsening already fragile supply chains and labor markets,” the groups wrote in a court filing.
The lawsuit is filed on behalf the following petitioners: American Trucking Associations, Mississippi Trucking Association, Texas Trucking Association, Louisiana Motor Transport Association, National Association of Wholesale-Distributors, FMI – The Food Industry Association, International Warehouse & Logistics Association, National Association of Convenience Stores, International Foodservices Distributors Association, and National Retail Federation.
The OSHA rule will require businesses with 100 or more employees to require all their employees to get vaccinated against COVID-19 or get tested on a weekly basis starting Jan. 4. The deadline for the vaccine mandate was initially scheduled to be next month, however the OSHA pushed back the implementation of the rule until after the holidays in light of the supply chain crunch that threatens to leave store shelves empty during the holiday period.
NRF president Matthew Shay said in a statement Tuesday evening that the December deadline to get proof of vaccination from employees and the January deadline to roll out the testing program “are both unworkable and virtually impossible.”
“We have consistently and repeatedly communicated our concerns about the practical challenges of meeting those arbitrary targets,” he said. “However, it appears that our only remaining course of action is to petition for judicial relief.”
The White House has defended the rule, saying that the requirements will ultimately help ease the labor shortage by keeping workers healthy and that the mandate falls within OSHA’s emergency rule-making authority.
ARTICLE: PAUL MURDOCH
MANAGING EDITOR: CARSON CHOATE
PHOTO CREDITS: CCJ DIGITAL
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