Indiana to file suit over OSHA mandate for COVID vaccinations for businesses

INDIANAPOLIS (WISH) – On Thursday morning, the Occupational Safety and Health Administration issued a mandate on the coronavirus vaccine.

On Thursday afternoon, an Indiana official said lawsuits are in the works.

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OSHA said that Americans who work at businesses with 100 or more employees must be vaccinated by Jan. 4 or be tested for the virus on a weekly basis.

Additionally, the government department said that businesses that do not meet this standard and fail to comply will face nearly $14,000 per violation.

Attorney General Todd Rokita, in a Thursday afternoon news conference, called President Joe Biden’s COVID-19 vaccination mandate “excessive overreach” and “egregious.” The Republican state official said Indiana will be challenging each of the three federal COVID-19 vaccine mandates in three separate lawsuits, one which will be filed Thursday.

Indiana first planned to challenge the mandate requiring federal contractors to be vaccinated. The state expects to file a separate lawsuit Friday against the Occupational Safety and Health Administration mandate, which will require Americans who work at companies with 100 or more employees to be fully vaccinated against COVID-19. The state will file a third lawsuit next week, pushing back against a vaccine mandate for those who work in nursing homes, hospitals and other facilities that receive money from Medicare and Medicaid.

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Following the mandate from the OSHA, Gov. Eric Holcomb issued the following statement:

“I direct the Indiana Department of Labor to work with the Attorney General on a lawsuit challenging the federal government regarding the OSHA ETS. This is an overreach of the government’s role in serving and protecting Hoosiers. While I agree that the vaccine is the tool that will best protect against COVID-19, this federal government approach is unprecedented and will bring about harmful, unintended consequences in the supply chain and the workforce.”

The Associated Press contributed to this story.

News release

“Attorney General Todd Rokita announced today he is filing legal actions against President Joe Biden to stop unlawful vaccine mandates the administration is imposing on employers and employees across the country.

“’We are suing the president because he’s got to stop running roughshod over Americans’ liberties,’ Attorney General Rokita said. ‘It is regrettable that we must take him to court to make him uphold his oath, but it’s necessary to protect our state institutions and fellow citizens from his unlawful schemes.’

“Attorney General Rokita and the attorneys general of Louisiana and Mississippi are filing a lawsuit today asking a federal court to overturn the Biden administration’s unlawful COVID-19 vaccine mandate for federal contractors.

“This particular mandate — issued by executive order with no congressional authorization — affects one-fifth of the American workforce directly and the entire economy indirectly.

“The mandate usurps state authority in a core area of state sovereignty — public health — and does so by relying on federal procurement laws that have nothing to do with health.

“In addition, Attorney General Rokita soon will file additional lawsuits aimed at stopping two other Biden vaccine mandates. These are: 1) an Occupational Health and Safety Administration (OSHA) rule forcing all employers with 100 or more workers to require all employees to be vaccinated (or produce weekly negative COVID-19 tests) and 2) a Centers for Medicare and Medicaid Services (CMS) rule requiring vaccination of all health care workers at facilities participating in Medicare and/or Medicaid.

“These two mandates together cover at least two-thirds of all U.S. workers.

“’Hoosiers and all Americans need effective leadership from President Biden that shows respect for their rights,’ Attorney General Rokita said. ‘Such leadership requires an approach quite different from imposing these intrusive federal mandates that tilt toward tyranny.’

“Watch Attorney General Rokita discuss these issues at this link: https://fb.me/e/2H62TeQX7.”

News release issued Nov. 4, 2021, from David A. Keltz, press secretary for the Indiana attorney general