OSHA’s Mandate-or-Test Emergency Rule Gets Sent to White House for Final Review: How Employers Can Avoid Living in a Land of Vaccine Confusion

JdSupra ^ | 10/13/2021

[LastDayz]

Pfffttt.... just wait until these azzclowns force the FrankenJabs on our little ones under the guise of required vaxxes to enroll in school.

[rktman]

Thanks. Still NO!. 😁

[Political Junkie Too]

Pssssst.....Dirty Little Secret is that the Pfizer vax is EUA too The FDA approved Comirnaty is nowhere to be found in the,US and the prior stock is still under the,EUA

I know.

I argued that in circles a week ago in this thread.

But I'm pleased to know that you know it, too.

-PJ

[shaven_llama]

I’m a remote worker as well. Do you reckon OSHA will find some twisted justification to require fully remote workers to get vaccinated as well?

[Dr. Sivana]

Do you reckon OSHA will find some twisted justification to require fully remote workers to get vaccinated as well?

They might try, as Biden has stated that the reason for this order is merely to get shots to as many people as possible in order to "beat the pandemic".

OSHA is like the Interstate Commerce Clause or a PC Centronics Parallel Port, being expansively used for purposes for which it was never originally intended.

[HKMk23]

In other words, more rampant federal government abuse of the interstate commerce clause

[HKMk23]

Sounds like Gov Evers is who needs to be cooked up.

[caww]

Well in PA. Gov. Wolf has now teamed up with NY and NJ. in a Memoranda Agreement to operate as one.....so that’s means Pa will certainly be one of the first in line to comply.

Wolf ‘s exactly as his name is.

[HKMk23]

That walkout had better last at least 4 days longer than that or nobody will pay a-damn-tention to it. Freight gets stuck in one spot for longer than that during a normal winter. This walkout had better be longer than a typical, weather-caused rail traffic interruption, or it won’t make the last column inch of the least paper in Flatbush, and almost NOBODY will even know it happened.

[eartick]

Another member of the DC 2 million bureaucrats enacting laws.

Is it too early to start shooting?

[redgolum]

Then you fire the workers and ask for a .gov handout.

Or if you are on the board, go the the islands and call it a week.

[EBH]

Sooner or later this becomes a class action lawsuit.

The minute OSHA et al, create a rule as a condition of employment the entire game changes.

Think about that for one hot second. Biden said he cannot legally order Americans to get the jab. But an executive branch of his office can through rule making?

It was one thing for a private employer to require it and totally different for the government to require an entity?

We all know they are trying to slip around this, but it all changes the minute it is codified. Then it can all go to court.

[Political Junkie Too]

Here is the relevant section of US Code is 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies:

• (e) Conditions of authorization
  • (1) Unapproved product
    • (A) Required conditions
      • With respect to the emergency use of an unapproved product, the Secretary, to the extent practicable given the applicable circumstances described in subsection (b)(1), shall, for a person who carries out any activity for which the authorization is issued, establish such conditions on an authorization under this section as the Secretary finds necessary or appropriate to protect the public health, including the following:
        • (i)Appropriate conditions designed to ensure that health care professionals administering the product are informed—
          • (I) that the Secretary has authorized the emergency use of the product;
          • (II) of the significant known and potential benefits and risks of the emergency use of the product, and of the extent to which such benefits and risks are unknown; and
          • (III) of the alternatives to the product that are available, and of their benefits and risks.
        • (ii)Appropriate conditions designed to ensure that individuals to whom the product is administered are informed—
          • (I) that the Secretary has authorized the emergency use of the product;
          • (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
          • (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.
        • (iii) Appropriate conditions for the monitoring and reporting of adverse events associated with the emergency use of the product.
        • (iv)cFor manufacturers of the product, appropriate conditions concerning recordkeeping and reporting, including records access by the Secretary, with respect to the emergency use of the product.

  ---

Note that this section is for Emergency Use Authorization and includes informed consent and the option to refuse.

I underlined the part about "consequences, if any, of refusing administration of the product" because I believe this pertains to the medical "consequences" of not taking the drug. It does NOT give permission to businesses to place "consequences" on employees who don't take the drug. The former gives the recipient the choice, the latter is coercive consent under duress.

-PJ

[ridesthemiles]

What is the over/under about Texas seceding from the Union???

[Luke21]

Yeah. Lawsuits. That will work. That Supreme Court thingy is just great.

[ForbesFan]

This writer is an absolute moron. The plandemic is absolutely NOT the deadliest in history, US or otherwise. Period.

[Chicory]

From the article: When President Biden instructed the Occupational Health and Safety Administration (OSHA) on September 9 to develop an Emergency Temporary Standard (ETS) that would require employers with more than 100 workers to either mandate vaccination or test employees for COVID-19 on a weekly basis,

I have to say that my impression was that the option of weekly testing was not a part of what Biden said?

[EBH]

Testing was included in what Biden said. It was reiterated by Psaki as well.

Employers are the one mandating the vaccine. why? Because if they say testing...the employer has to pay for the testing and the time you take off to go get tested. That becomes too expensive, so many are trying to take the easy way out.

If the rule is codified as vaccine/test, there is the huge potential that people who are being fired over the vaccine have standing to sue for discrimination and failure to accommodate.

I did EHS for years and when the guys needed physicals, testing or even flu shots...the employer paid for them.

Why so many think just because this is Covid they can turn the rules upside-down is a mystery to me.

[Chicory]

Thanks, EBH, for that excellent explanation!