Florida Attorney General Ashley Moody has petitioned a federal appeals court to stop the U.S. Occupational Safety and Health Administration (OSHA) from requiring private employees to get the COVID-19 vaccine.
Moody filed the motion Monday with the 11th Circuit Court of Appeals in the wake of OSHA publishing its emergency temporary standard (ETS) to require workers of companies of 100 or more to get the vaccine. Other petitioners in the motion include the states of Georgia and Alabama.
“OSHA’s unprecedented intrusion exceeds its statutory authority – and would exceed the federal government’s enumerated powers if it came from Congress,” the motion states. “It also fails to satisfy the high bar needed to issue an emergency rule; violates the First Amendment and Religious Freedom Restoration Act; and threatens petitioners with irreparable harm unless it is immediately stayed.”
The motion mentions that the Fifth Circuit has already temporarily blocked the EMT but says the 11th Circuit needs to follow suit.
“It is unclear how long the Fifth Circuit’s stay will be in pace or when it will rule, so petitioners ask the court to stay the ETS as well” and issue a timely opinion, the motion says.
As the state pursues the legality of vaccine mandates in court, the state legislature is weighing a proposal for Florida to withdraw from federal OSHA oversight and create its own state agency to monitor workplace health and safety. Among those considering the merits of such a move is Florida TaxWatch.
“Florida TaxWatch has yet to conduct the research necessary to determine the exact cost to taxpayers but believes moving away from a one-size-fits-all approach and implementing a state-specific regulatory framework – which would still be approved by and monitored by OSHA – may better fulfill the unique needs of Florida businesses, while still proving equally effective in protecting workers and in preventing work-related injuries, illnesses and death,” Dominic Calabro, president and CEO of Florida TaxWatch, said in an email to the Florida Record.
Some legal experts, however, panned the idea of expanding state government costs, especially since the move would not immediately avoid OSHA-imposed rules. But Florida TaxWatch wants to see how such a plan evolves in the state legislature.
“We look forward to seeing how this conversation unfolds in the days and weeks ahead, ensuring that Floridians are well-informed and understand the impact any and all proposed changes could potentially have on them, their families and their businesses,” Calabro said.