CHICAGO, IL (WTAQ-WLUK) — The U.S. Department of Labor Occupational Safety and Health Administration’s vaccine mandate announced Wednesday is already being challenged.
The Wisconsin Institute of Law and Liberty has already filed suit on behalf of two companies.
“It’s unconstitutional,” said Dan Lennington, deputy counsel at WILL. “The idea is that this is a law, and laws should be made by Congress, not by a presidential decree.”
OSHA disagrees.
“The new Emergency Temporary Standard is well within OSHA’s authority under the law,” said OSHA solicitor of labor Seema Nanda.
The agency is calling the mandate an emergency temporary standard, because it says, at this time, unvaccinated workers face grave danger from exposure and this immediate action is necessary.
The rule means that by Jan. 4, employees working at companies with 100 or more employees will have to do one of two things – either get vaccinated, or choose between getting vaccinated or getting tested weekly and wearing a mask to work.
But the consequences of not doing any of the described doesn’t seem to be up to the department writing these rules.
“The OSH Act does not preclude employers from utilizing disciplinary actions; there’s no prevision in the OSH Act that precludes that,” Jim Frederick, OSHA deputy assistant secretary said. “We foresee that employers may be dealing with this pursuit to their standard and already-established processes that are in place.
But WILL says the punishment for workers not complying is clear.
“The rule is that the company can’t let you work, so the company can’t let you work if you don’t have your proof of testing; proof of a negative test and so, if you’re not working, the company doesn’t have to pay you so, in effect, you will be laid off,” Lennington said.
WILL is representing Tankcraft and Plasticraft.
The case is pending at the 7th Circuit Court of Appeals in Chicago.
