Florida last week filed a lawsuit against the Biden administration’s COVID-19 vaccine mandate for millions of employees who work for federal government contractors, calling the federal plan an unlawful application of administrative law.
The administration, meanwhile, is moving forward with implementing its vaccine policies. The Occupational Safety and Health Administration released details of the administration’s emergency vaccine standards on Thursday, setting Jan. 4 as the deadline for the full vaccination of employees who work for companies with 100 or more personnel or for federal contractors.
Florida’s lawsuit, which was announced by Gov. Ron DeSantis, also objects to language in the federal mandate that forces the state to agree to guidance outlined by a federal task force or face a loss of appropriated funds.
The lawsuit bases some of its arguments on the administration’s reliance on the Federal Property and Administrative Services Act of 1949 to advance the vaccine requirements.
“Nothing in that statute authorizes such a radical intrusion on the personal autonomy of American workers – especially, as is the case here, when many of those workers are officials of a sovereign state,” the complaint filed Oct. 28 in the Middle District of Florida states.
Among the groups expressing concerns about the new federal policy is the nonpartisan National Defense Industrial Association, which speaks on behalf of federal contractors.
“Currently, NDIA is working with its members to ensure the safety of their workforce,” an NDIA statement emailed to the Florida Record says. “We are working with the government and our members to clarify the implementation of the mandate to ensure they can comply with the executive order and establish best practices across the industry.”
In a previous statement sent to NDIA members, the association’s board chairman, Arnold Punaro, said the group was especially concerned about smaller contractors who could face a greater impact if seasoned workers quit rather than comply with the vaccine mandate.
“The overarching message ... is that the administration is willing to take the risk of companies losing some employees,” Punaro said in the message to contractors. “... Because we know your workforce is your most valuable asset and one that is not easily replaced, NDIA does not agree that unnecessarily losing employees is an acceptable risk to our companies.”
The Biden administration’s Thursday announcement indicates that affected employees would have to either be vaccinated by Jan. 4 or submit to weekly coronavirus testing and strict masking requirements within the workplace. Violations could cost companies more than $13,000 per incident.