Arizona Corporation Commissioners Justin Olson and Jim O’Connor scored a victory for utility employees who did not want the COVID-19 vaccine. The two Commissioners proposed the adoption of a policy that would prohibit utilities they regulate from compelling their employees to be vaccinated to keep their jobs.
The Commission adopted the policy on a 3-2 party-line vote on Wednesday.
“The Biden administration has unconstitutionally sought forced vaccinations and has intimidated companies into complying with this inappropriate policy,” said Olson. “Workers should not have to choose between losing their jobs or being forced to receive a vaccine against their will.”
According to Olson and O’Connor, the Commission has the constitutional authority under Article 15, Section 3 of the Arizona Constitution to make and enforce rules, regulations, and orders for the convenience, comfort, safety and health of the employees of the utilities they regulate.
The Fifth Circuit Court of Appeals recently upheld a stay on the OSHA COVID-19 vaccine mandate reasoning that the mandate “raises serious constitutional concerns” and “grossly exceeds [its] statutory authority.”
The Court found that the public interest is served by protecting the liberty of individuals to make intensely personal decisions according to their own convictions.