FAQ's about IOWA OSHA not enforcing the Federal Mandate:
1. What does this mean? Iowa has a state OSHA plan meaning we do not utilize the Federal plan for guidelines for our state's businesses, we put together our own plan that must be at least as minimally protective as the Federal plan. This means our labor commissioner decides whether or not the guidance from the Federal government will become part of our state plans. The commissioner has chosen to not enforce the OSHA mandate of vaccinate or mask/test and believes our current state plan meets the requirements of the Federal Government's plan regarding health and safety of workers. This means the state's OSHA office will not be enforcing the Federal mandate. However, it is highly likely that the Federal Government will push back that our plans are not as protective as the Federal governments rule and will try to take over enforcement of our state plan if it is found that the state plan is in violation of their agreement. The state would then have to prove their plan meets the minimum requirements without needing to go the vaccinate or test/mask route.
2. Can employers still mandate the vaccinate or test rule? Yes, if they choose to do so based on their own prerogative or believe their business is still at risk of fines from the Federal government.
3. What mandate was this for? This was for the OSHA businesses with 100 or more employees mandate specifically, not CMS or Federal Contractors, so if your business is enforcing based on those guidelines this will not impact them.
4. Will this stop the vaccine mandate issue? Not necessarily because businesses, healthcare, housing, etc is still continuing to infringe on the privacy of Iowans by asking for their status. Until Iowa lawmakers take action to protect these rights and prevent the discrimination happening this may not end.
5. Have other states done this? Yes, Montana's Governor has been very vocal that they would not enforce ANY of the unconstitutional Federal mandates while also passing their own anti-discrimination law last August to protect their citizens. States like Arizona, South Carolina, and Utah have also had their states refuse to implement the rule for healthcare workers