CONCORD - The Attorney General's office announced today that the State of New Hampshire has joined with Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, and Wyoming, along with several private businesses and organizations, to file a lawsuit challenging the new OSHA vaccine mandate for private employers with more than 100 employees.
A Petition for Judicial Review was filed in the United States 8th Circuit Court of Appeals this morning, and a Motion for Stay is expected to be filed early next week.
The lawsuit challenges the Emergency Temporary Standard issued by the Occupational Safety and Health Administration which requires private employers with 100 or more employees to mandate their employees to get vaccinated or implement weekly testing and mask requirements.
Non-compliant businesses could face significant fines.
Attorney General John M. Formella released a statement explaining the state's postion and how the federal government is being overburdening and punitive.
"Today's action continues our efforts to protect the State of New Hampshire from the federal government's attempt to impose illegal mandates," he wrote in the statement. "As I have said previously, the available COVID-19 vaccines are safe and effective, and every eligible person in New Hampshire is encouraged to get a vaccine. However, the new Emergency Temporary Standard issued by OSHA is illegal and would impose significant burdens on New Hampshire businesses and their employees. We are therefore obligated to take action to protect the interests of our state's citizens and businesses."