WR’s national partner, the National Retail Federation (NRF), has joined a growing list of major U.S. trade associations in challenging recently released OSHA requirements. Specifically, all private employers with 100 or more employees must require Covid vaccination or testing by January 4, 2022, unless they qualify for an exemption. The challenge has been filed in the U.S. Court of Appeals for the Fifth Circuit.

NRF states the following reasons for joining the suit:

1. The strong possibility that if the court grants relief, it would be limited to named plaintiffs only,
2. The opportunity to join a diverse group of consumer-facing businesses in the petition,
3. A narrowly-focused argument based on practical implementation rather than any objection to the merits of vaccine effectiveness,
4. The ineffectiveness of their repeated requests to meet with Administration officials to discuss this challenge left them with no alternative.

According to NRF, if the 5th Circuit grants a stay and then an injunction (the court already granted a stay in the more political case that was brought on Friday), there is a chance that the granted relief would apply only to the members of the trade associations that are on the petition.

As a prelude to legal action, NRF previously submitted two letters to the White House and Department of Labor asking for a meeting to discuss an extension of ETS implementation. Still, after several requests, they have not received a response. (Initial letter; Expanded Letter)