NFIB Commends Senate CRA Disapproving the Vaccine and Testing Mandate

Date: December 08, 2021

NFIB Key Votes S.J.Res. 29 for the 117th Congress

WASHINGTON, D.C. (Dec. 8, 2021) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, announced S.J.Res. 29, a joint resolution providing for congressional disapproval of the Biden Administration’s vaccine and testing mandate, as an NFIB Key Vote for the 117th Congress in a letter sent to members of the U.S. Senate. Senator Mike Braun (R-IN) introduced the legislation.

“Small business owners depend on the freedom to decide how to run their business and the Biden Administration’s ETS is an unprecedented intrusion to that freedom,” said Kevin Kuhlman, NFIB Vice President of Federal Government Relations. “The small business economy remains fragile as owners manage several challenges such as staffing shortages and supply chain disruptions while doing their part to end the COVID-19 pandemic. These challenges would be exacerbated by the ETS. NFIB urges Congress to reject this intrusion into the employer/employee relationship and the regulatory overreach of this ETS.”

NFIB filed a legal challenge against OSHA’s emergency temporary standard, which would mandate businesses with 100 or more employees require workers to get the COVID-19 vaccine or undergo weekly testing and wear masks at work.

The legal challenge argues that OSHA needed to use the typical notice-and-comment procedure for the mandate to gather public input. NFIB also argues that a nationwide COVID-19 vaccine and testing mandate, monitoring, and database is fundamentally a policy decision that should be left to Congress. Lastly, the lawsuit argues the mandate will result in unrecoverable compliance costs, lost profits, lost sales, and further exacerbate the labor shortage for small businesses.

NFIB previously sent a letter to Secretary of Labor Marty Walsh regarding small business concerns about the mandate.

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