Bills
| 3.23.22

Should the Biden Admin’s OSHA Rule Mandating COVID-19 Vaccination & Testing at Private Businesses With 100+ Employees Be Repealed? (S. Joint Res. 29)

Do you support or oppose this bill?

What is S. Joint Res. 29?

(Updated March 10, 2022)

This resolution of disapproval would repeal the Biden administration’s emergency temporary standard (ETS) issued by the Occupational Health and Safety Agency (OSHA) that would require private employers with at least 100 workers to require employees to either show proof of vaccination or show a negative test once a week, and also give employees time off to get vaccinated or face a penalty of up to $14,000 per violation. The ETS has been temporarily blocked by federal courts pending judicial review.

Congress has the authority to overturn rules within 60 legislative days with simple majority votes in both chambers along with the president’s signature under the Congressional Review Act. If this resolution were enacted, future similar rules couldn’t be enacted without Congressional approval.

Argument in favor

The Biden administration overstepped by using its regulatory power to create an COVID-19 vaccination and testing mandate on all private businesses with at least 100 employees. Courts have rightfully blocked the Biden administration’s rule and Congress should follow suit to prevent this unconstitutional rule from taking effect.

Argument opposed

The Biden administration’s regulation requiring COVID-19 vaccination and testing by private businesses with at least 100 employees is necessary to protect workers from the COVID-19 pandemic. Congress should allow the mandate to take effect, and federal courts shouldn’t block it either.

Impact

Employees at private companies subject to the vaccination and testing mandate; OSHA and the Biden administration.

Cost of S. Joint Res. 29

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sen. Mike Braun (R-IN) introduced this disapproval resolution to block the Biden administration’s ETS requiring private employers with more than 100 workers to require COVID-19 vaccination and testing:

“President Biden’s unconstitutional vaccine mandate for private businesses is not a partisan issue: it jeopardizes the freedoms and livelihoods of Americans in all 50 states, and I hope that more Democratic Senators and Representatives will follow Senator Manchin’s strong lead and stand up against this federal overreach that will wreak havoc on our recovering economy and trample on the rights of millions of Americans.”

Sen. Joe Manchin (D-WV), a cosponsor of this bill, explained he opposes the government’s vaccine mandate on private business:

“I do not support any government vaccine mandate on private businesses. That’s why I have cosponsored and will strongly support a bill to overturn the federal government vaccine mandate for private businesses. I have long said we should incentivize, not penalize, private employers whose responsibility it is to protect their employees from COVID-19. I have personally had both vaccine doses and a booster shot and I continue to urge every West Virginian to get vaccinated themselves.”

The Biden administration released a statement of administration policy expressing opposition to the effort to block OSHA’s COVID-19 vaccination and testing mandate on private employers, which explained in part:

“The Administration strongly opposes Senate passage of Senate Joint Resolution 29 to nullify the Department of Labor’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which became effective on November 5, 2021. If Congress were to pass this resolution of disapproval, the President’s advisors would strongly recommend that he veto the resolution. The COVID-19 Vaccination and Testing ETS is necessary to protect workers from the grave danger that they face in their workplace during the devastating COVID-19 pandemic. The President wants to see Americans back on the job, and Americans back at work should not face risk from those who are not vaccinated and who refuse to be tested.”

This legislation has the support of 50 cosponsors in the Senate, including 49 Republicans and one Democrat.


Of Note: The Congressional Research Service (CRS) notes that there have been 10 ETS put forward by OSHA since 1971. Only three ETS weren’t challenged legally (ETS related to asbestos in 1971, vinyl chloride in 1974, and DBCP in 1977), while another one put forward in June by the Biden administration related to COVID-19 is currently undergoing judicial review.

Of the six ETS that have been challenged and courts rendered a decision on, four were vacated or stayed by the court, one was partially upheld and partially vacated, and the request for a stay was denied in one case to uphold the ETS for vinyl cyanide in 1978.


Media:


Summary by Eric Revell

(Photo Credit: iStock.com / Inside Creative House)