02.03.22

Sens. Sullivan, Scott Introduce Bill to Prevent Weaponization of OSHA

WASHINGTON—U.S. Senators Dan Sullivan (R-Alaska), Rick Scott (R-Fla.), Joni Ernst (R-Iowa), Marco Rubio (R-Fla.), Rand Paul (R-Ky.), Cynthia Lummis (R-Wyo.) and John Barrasso (R-Wyo.) today introduced the OSHA Emergency Temporary Standard Clarification Act, legislation that would clarify the authority of the Occupational Safety and Health Administration (OSHA)’s emergency temporary standards following President Joe Biden’s attempt to implement a federal vaccine mandate on private businesses through OSHA. The Supreme Court struck down the mandate on private businesses on January 13. 

“The threat of President Biden’s vaccine mandate on private businesses created a great deal of uncertainty and grief for our job creators and the thousands of hard-working Americans and Alaskans whose jobs were on the line,” said Sen. Sullivan. “While I’m thankful the Supreme Court intervened with an injunction on President Biden’s clearly unconstitutional mandate on private employers, Congress has a duty now to check the President’s power in this area, which is not unlimited, in order to prevent this kind of havoc from ever again being unleashed on our economy. The decision of whether or not to get vaccinated is a right of the individual, not a President or the federal government, and our legislation will codify that commonsense principle, consistent with the ruling of our nation’s highest court.” 

“Hardworking Americans and job creators across the country watched in disgust last year as the Biden administration attempted to misuse a federal agency to impose an unconstitutional vaccine mandate on private businesses,” said Sen. Scott. “While we are thankful that the Supreme Court confirmed what my colleagues and I have been saying for months - that Joe Biden has no authority to tell Americans how to live their life and what health care decisions they must make - further action is clearly needed to make sure this never happens again. Today, I'm proud to lead my colleagues to introduce legislation that clarifies OSHA’s authority and prevents Joe Biden from using this agency as a political weapon. American jobs are on the line and we must do everything possible to protect our families and their ability to make a living.” 

“President Biden turned OSHA into a weapon to force America to do what he wanted them to do. Our new bill will prevent this from ever happening again,” saidSen. Rubio. 

“President Biden’s command that workers submit to his will under the guise of an ‘emergency’ has been continually abused during the COVID-19 pandemic,” saidSen. Paul. “Our bill ensures this misuse of authority by Biden and OSHA will never happen again.”

“The Occupational Safety and Health Administration’s politicization of workplace hazard standards is damaging to the very people OSHA is meant to protect: American workers,” said Sen. Lummis. “The people of Wyoming make medical decisions after consulting with their doctor, not the federal government. They should not lose their jobs over personal healthcare decisions. I’m proud to join Senator Rick Scott to rein in OSHA’s regulatory authority.” 

BACKGROUND:

  • On September 9, 2021, President Biden announced vaccine mandates that extend to 80 million private sector workers, and additional mandates on millions of federal workers and contractors.
  • To implement this mandate, OSHA issued an Emergency Temporary Standard (ETS). Employers that failed to comply would be fined $13,653 for each offense, and willful violations would result in a $136,532 penalty.
  • The Congressional Review Act (CRA) can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.
  • On December 8, 2021, a bipartisan majority of the Senate voted to overturn President Biden’s vaccine mandate for businesses through the CRA process. Sen. Sullivan led the CRA effort with Senator Mike Braun (R-Ind.). The House subsequently failed to pass the CRA resolution of disapproval.
  • On January 13, the Supreme Court ruled against the Biden administration’s vaccine mandate for private employers. 

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