Florida limits Covid vaccine mandates, challenging Biden’s

Florida Gov. Ron DeSantis signed legislation on Thursday that aims to roll back the implementation of President Joe Biden’s Covid-19 vaccine and testing requirements for private businesses in the Sunshine State.

DeSantis had called a special session of the legislature to pass four bills challenging Biden’s policy. During a press conference Thursday, the governor said the goal of the legislation is to protect people from losing their jobs if they choose not to get vaccinated.

“We’re respecting people’s individual freedom in this state,” DeSantis said at a Honda car dealership in Brandon, Florida. “This is a personal choice, that’s the science based approach, to say that this should be a personal choice,” DeSantis said.

The Florida laws ban businesses from imposing Covid vaccine mandates unless they provide certain exemptions. They also require DeSantis to develop a plan to withdraw Florida from federal oversight by the Occupational Safety and Health Administration and develop a state plan for worker safety.

OSHA, which polices workplace safety for the Labor Department, issued emergency workplace safety rules this month that require businesses with 100 or more employees to ensure their employees are vaccinated or submit to regular Covid testing by Jan. 4.

Under the Florida laws, business that fire an employees on the basis of a vaccine mandate can face fines of $10,000 per violation if they have less than 100 employees and $50,000 if they have more than 100 employees. Businesses can avoid the fines if they reinstate the employee with backpay.

The Biden policy does not require businesses to fire employees who do not follow the rules. The rules leave discipline up to the discretion of the companies. The White House has encouraged businesses to educate employees who do not follow the rules on the importance of vaccination and testing.

However, sample implementation plans posted on OSHA’s website list unpaid leave and termination as examples of potential consequences that workers could face.

The Labor Department’s top lawyer, Seema Nanda, has said the federal OSHA rules supersede any state laws that prevent businesses from implementing the requirements on vaccination and testing.

While Florida is allowed to develop its own state-based workplace safety plan, it must be submitted to OSHA for clearance, and its workplace safety standards must be at least as effective as the federal requirements, according to the law that established OSHA.

Under the Florida legislation, businesses are required to exempt employees from a mandatory vaccination policy if they have Covid immunity from prior infection, are tested periodically for the virus or choose to wear personal protective equipment provided by the company.

“We recognize people who have…