Kansas Attorney General Derek Schmidt has filed a federal lawsuit challenging the new federal vaccine mandate for private employers with more than 100 employees, which was issued by the Occupational Safety and Health Administration.
The new mandate, issued as an “emergency temporary standard,” requires that employees either be vaccinated or receive frequent testing for COVID-19, and would apply to all private-sector employers with 100 or more employees.
Schmidt joined six other state attorneys general in filing a petition, arguing that OSHA lacks the authority to issue it.
The power to issue emergency temporary standards was given to OSHA by Congress to protect employees from dangers posed by exposure to substances or toxins encountered at the workplace.
The attorneys general argue that authority does not extend to risks that are equally prevalent at work and in society at large.
They point out that as recently as last year OSHA agreed with their assessment.