New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
November 5, 2021

Anthony J. Galdieri, Solicitor General | (603) 271-3658

New Hampshire Joins Eleven-State Coalition in Lawsuit Against Federal Government Regarding OSHA Vaccine Mandate for Large Employers

Concord, NH – Attorney General John M. Formella announces that the State of New Hampshire has joined with the states of 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 (OSHA) 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.

In connection with the filing, Attorney General Formella released the following statement:

"Today's action continues our efforts to protect the State of New Hampshire from the federal government's attempt to impose illegal mandates. 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 Covid-19 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."

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New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658