Florida says OSHA oversteps authority in motion to stay federal vaccine mandate

It's Ashley Moody versus evil phone robots.

Florida on Monday filed a 33-page motion with a federal court in Atlanta asking it to pump the brakes on a federally proposed workplace safety rule requiring employees at large companies to get vaccinated against the COVID-19 virus or to produce negative test results weekly.

Attorney General Ashley Moody’s office took the lead on the filing, a follow up to a petition filed with the court Friday.

In the 33-page document, attorney’s for Moody’s office argued the Occupational Safety and Health Administration overstepped its legal authority when it issued the rule last week and the rule violates the First Amendment and the Religious Freedom Restoration Act of 1993.

The states of Alabama and Georgia joined Florida in the filing. So did the King’s Academy Christian School in West Palm Beach, the Cambridge Christian School in Tampa, the Georgia Highway Contractors Association, the Georgia Motor Trucking Association, Robinson Paving Co. and the Scotch Plywood Company Inc.

The 5th U.S. Circuit Court of Appeals issued a stay Saturday in a similar legal challenge brought by other states. But Moody said in Monday’s court document another stay needed to be issued because it’s unclear how long the Louisiana court ruling would be in effect.

The Biden administration last week released a rule that requires employers to begin providing workers paid time off to get the vaccine as well as paid time off to recover from any adverse effects. The rule requires employees who work at firms with 100 or more employees to be fully vaccinated by Jan. 4 or to submit to weekly tests at their own expense.

The rules are facing several legal challenges. Nevertheless, President Joe Biden‘s administration said Sunday it is prepared to defend it.

“The President and the administration wouldn’t have put these requirements in place if they didn’t think that they were appropriate and necessary,” U.S. Surgeon General Dr. Vivek Murthy said Sunday on the ABC show “This Week.”

Florida’s rule challenge comes as state lawmakers prepare to enter a Special Session, called by Gov. Ron DeSantis, to address vaccine mandates.

The House and Senate rolled out identical bills Monday that would stop employers from mandating COVID-19 vaccinations without providing employees five potential avenues to exempt themselves from the mandate. The ban on mandates would be in effect until June 30, 2023.

The House and Senate bills do not, however, eliminate COVID-19 liability protections for businesses that require employees to get vaccinated, as DeSantis once hinted he would do, and it does not entitle workers to tap into workers compensation benefits to cover adverse reactions following a mandated vaccination.

Businesses that don’t comply with the provisions in the bills could still face hefty fines — up to $50,000 per violation for companies with 100 employees or more and $10,000 a violation for companies with fewer than 100 employees.