Oct 21, 2021 11:53 AM

Schmidt: Still waiting on final language before challenging OSHA rule

Posted Oct 21, 2021 11:53 AM

Hutch Post

HUTCHINSON, Kan. — Kansas Attorney General Derek Schmidt said they are still waiting on the final wording of the vaccination regulations from the Occupational Safety and Health Administration before they can challenge them.

"We're watching that eagle-eyed, every day," Schmidt said. "We expect it's going to be published soon. That's based on a number of reports out of Washington. We know that the regulation, the rule, has been sent from OSHA over to OMB, that's the Office of Management and Budget, which ordinarily is the last stop before it becomes published in the federal register."

Legal experts think it will be sometime this month.

"We are in constant communication with other states that are like-minded," Schmidt said. "We'll be challenging it. When I say, as soon, I'm using litigation time, it could be several days, but we're going to get in there and challenge it."

His office is already looking at other related policy that is also in place.

"There are other mandates in place and we're taking a hard look at them," Schmidt said. "The federal contractor mandate, for example. It's caused so much disruption in Wichita and elsewhere, so there's a lot of uncertainty right now, but we're doing our darnedest and we're stepping up and fighting it."

Some private employers are already making the decision to mandate vaccines ahead of the OSHA rule.