One day after suing in an Oklahoma City federal court to stop President Joe Biden’s executive order requiring all federal contractors be vaccinated against COVID-19, Oklahoma’s attorney general said he has joined six other states in asking an Ohio-based court to block a different Biden administration vaccination mandate.
Attorney General John O’Connor and the six others asked the Sixth Circuit Court of Appeals in Cincinnati to stay a U.S. Occupational Safety and Health Administration rule requiring COVID-19 vaccination of all employees in workplaces of 100 or more.
The petition asks the court to make a final determination of the rule by Nov. 12, opening the way for a possible U.S. Supreme Court hearing.
Besides O’Connor, the petition was signed by the attorneys general of Kentucky, Tennessee, Ohio, Kansas, Idaho and West Virginia.
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“The Biden administration continuously uses federal overreach to strip away Americans’ constitutional rights, and I will continue to defend the rule of law against this absurd abuse of power,” O’Connor said in a written statement.
Federal courts, including the Supreme Court, have in the past consistently ruled that state and local governments can enforce mandatory vaccination laws to prevent the spread of contagious disease.
On Thursday, O’Connor filed suit in an effort to block Biden’s mandate requiring government contractors and their employees be vaccinated.
“I promised Oklahomans that we would sue the Biden administration for its unlawful vaccine mandates as soon as the rules were made public and that is exactly what we’ve done,” said Gov. Kevin Stitt in a written release.
“We’ve asked the courts to immediately intervene and stop President Biden from demanding that American citizens comply with the federal government’s order to get a vaccine to keep their jobs,” Stitt said.
The mandates are scheduled to become effective Jan. 4.
Key takeaways as US sets Jan. 4 vaccine mandate deadline for workers
About the announcement
Millions of U.S. workers now have a Jan 4. deadline to get a COVID vaccine.
The federal government on Thursday announced new vaccine requirements for workers at companies with more than 100 employees as well as for workers at health care facilities that treat Medicare and Medicaid patients. It also extended a deadline for federal contractors.
The Biden administration says 70% of all adult Americans are now fully vaccinated. The new rules are aimed at the tens of millions who remain unvaccinated.
Here are the key takeaways:
What do companies have to do?
Companies with 100 or more employees must require those workers to get fully vaccinated — with two shots of the Moderna or Pfizer vaccines, or one shot of Johnson & Johnson — by Jan. 4. After that date, any employee who remains unvaccinated must provide a verified negative COVID test weekly. Companies aren't required to pay for those tests. Unvaccinated employees also must wear masks.
Will workers get time off to get vaccinated?
Starting Dec. 5, employers must offer paid time off for workers to get vaccinated and sick leave if workers experience vaccine side effects.
How will this be enforced?
The Occupational Safety and Health Administration will assist companies with vaccination plans. It will also enforce the rules. Fines for non-compliance will vary based on a company's size and other factors. A company might have to pay up to $13,653 per individual violator or up to $136,532 for willful violation of the rules.
What are the rules for health care workers?
Workers at health care facilities that treat Medicaid and Medicare patients must be fully vaccinated by Jan. 4. There is no weekly testing option for those workers, but they can ask for religious or medical exemptions. The mandate will cover about 17 million health care workers at hospitals, nursing homes, surgical centers and other facilities.
What about federal contractors?
In September, the Biden administration said it would require employees at federal contractors to get vaccinated by Dec. 8. On Thursday, the government pushed back that deadline to Jan. 4.
Randy Krehbiel
Staff Writer
I have been with the Tulsa World since 1979. I'm a native of Hinton, Okla., and graduate of Oklahoma State University. I primarily cover government and politics. Phone: 918-581-8365
