NRF Sues to Postpone “Virtually Impossible” Deadlines for Vaccine Mandate

The National Retail Federation (Washington) has filed a lawsuit against the Occupational Safety and Health Administration (OSHA) for the Covid-19 vaccination and testing mandate it has imposed on employers, calling the deadlines “virtually impossible” to meet.

In a statement, NRF President and CEO Matthew Shay said:

“We are deeply concerned about the timing for implementing the OSHA vaccine mandate during the most important season of the year for retailers and customers. Our members are already facing workforce shortages and supply chain disruptions, in addition to the legal and practical challenges of implementing this ETS (Emergency Temporary Standard) during the holiday season.

“The December 6 deadline to provide proof of employee vaccination status and the January 4 deadline for testing unvaccinated employees are both unworkable and virtually impossible. We have consistently and repeatedly communicated our concerns about the practical challenges of meeting those arbitrary targets. However, it appears that our only remaining course of action is to petition for judicial relief.”

Following OSHA’s publication of the ETS, the NRF sent two letters to President Biden requesting extensions on the implementations of the mandate.

The NRF filed the suit on Nov. 9 in the U.S. Court of Appeals for the Fifth Circuit and was joined by the American Trucking Associations, FMI – The Food Industry Association, the International Warehouse Logistics Association, the Association for Convenience & Fuel Retailing, the National Association of Wholesaler-Distributors and the National Federation of Independent Business.