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How Will OSHA Push An Unpopular Vaccine Mandate?
Townhall.com ^ | 23 September A.D. 2021 | Sarah Lee

Posted on 09/23/2021 7:59:13 PM PDT by lightman

The Biden administration’s threat of a vaccine mandate – which happened two weeks ago now – was likely a shock to many of the 100 million American workers who will be immediately impacted, but the waiting, while the Occupational Safety and Health Administration (OSHA) develops the requisite rules, is, as they say, the hardest part.

While employees in the private and government sectors anxiously await word on exactly how they might be punished if they are hesitant to have vaccines with dubious effectiveness injected into their bodies, state legislators, small business advocates, health care workers, unions, and even Black Lives Matter, have begun to push back.

In short: there are already lawsuits galore with more waiting in the wings the minute OSHA hands down its rules. OSHA, it appears, is aware of the legal landscape and is crafting rules that are meant to withstand challenges like the one Job Creators Network, a small business advocacy group, told Townhall they will file the minute the rules are released.

Elaine Parker, President of the Job Creators Network Foundation (JCNF), said in a statement last week the organization has created the JCNF Legal Action Fund to “defend small businesses from attacks that hurt their ability to succeed…President Biden’s small business vaccine mandate is a great example of where the JCNF Legal Action Fund can make a meaningful difference in successfully defending small businesses.”

Parker told Townhall the Biden administration has crafted disingenuous messaging surrounding the vaccine mandate meant to appeal to average Americans by making it sound like larger businesses will be the ones primarily affected.

“But the reality is this is about businesses with 100 or more employees and remember: The Small Business Administration defines a small business as one that has under 500 employees,” Parker said. “Can the federal government force businesses to carry out a national vaccine mandate for them? The burden (of answering that question) is going to fall on small businesses.”

Parker’s group is hardly alone in their intention to fight the mandate in court. So far, 24 states are threatening legal action, while other lawsuits have come from students at universities, state trooper unions, firefighters, teachers, and health care workers, among others. The last in that list has some legal scholars noticing the judge’s decision in a New York case, in which plaintiffs are arguing for a religious exemption, has some merit.

Governments must abide by the U.S. Constitution’s safeguards for the free exercise of religion, something that doesn’t apply to companies in the private sector, legal observers said. The U.S. Supreme Court raised the bar on those protections with rulings on pandemic restrictions on crowd levels in houses of worship.

Depending on how it’s written, the OSHA rule also could draw allegations from workers—or closely held corporations with religious ownership—that it violates the Religious Freedom Restoration Act, said Nathan Chapman, a law professor at the University of Georgia who focuses on religion. That law allowed a company to deny its workers the Affordable Care Act’s health coverage for contraception based on the religious objections of the employer’s owners, the Supreme Court said in its 2014 decision in Burwell v. Hobby Lobby.

Meanwhile OSHA watches and waits, recognizing whatever final rules they write must address the potential legal challenges now being floated. One potential limiting principle is that OSHA must start with the idea that COVID-19 presents a “grave danger” in the workplace.

OSHA has been working quietly behind the scenes on an emergency temporary standard that can stand up to legal challenges. Their strongest position will be establishing the need for a mandate to protect employees against the "grave danger" of COVID-19.

"OSHA is very aware this is something that's being looked at with tremendous scrutiny," said Helen Rella, an employment attorney with Wilk Auslander. The more clearly the agency is able to articulate the dangers of COVID and provide detailed steps to mitigate it, the stronger its position against constitutional challenges.

"They are going to anticipate ... challenges and they want to head that off at the pass," Rella said, predicting the final emergency temporary standard will be very detailed.

Those fighting the OSHA rules may also come armed with growing evidence that the current vaccines may reduce transmission but do not prevent infection, dramatically reducing the potential efficacy of mandates.

Either way, Parker says her group is focused on what they see as a war on small business rather than a war on the virus.

“[The Biden administration] can't control [small businesses]; they can't corral them; they can't bully them,” Parker says. “We are rallying small business owners once again to push back on all these terrible policies that are coming after them.”


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: biden; osha; tyrany; vaccine
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To: blackdog; All

It appears the Supreme Court is part of the deep state. There’s an INVASION on our southern border and they’ve done nothing.


21 posted on 09/24/2021 12:21:53 AM PDT by Cobra64 (Common sense isn’t common anymore.)
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To: lightman

Employers are already linking wellness credits for health insurance costs to mandatory vaccination.

It is coming round fast and hard. Brace for it.


22 posted on 09/24/2021 3:34:41 AM PDT by reviled downesdad (Some of the lost will never believe the Truth.)
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To: familyop

OSHA fines can be very steep
and you cannot fight them in court


23 posted on 09/24/2021 4:44:44 AM PDT by SisterK (recognize and resist tyranny)
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To: lightman

So companies with 95 employees the staff is not in “Grave Danger” ?


24 posted on 09/24/2021 5:22:30 AM PDT by Gaffrig
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To: Theophilus

Yep - they are pathogenically pathological liars😎


25 posted on 09/24/2021 5:38:47 AM PDT by trebb (Fight like your life and future depends on it - because they do.)
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To: lightman

Better question - how will they push an illegal mandate that doesn’t apply to all businesses if it’s so damn important for the “safety” of the workers...


26 posted on 09/24/2021 5:41:40 AM PDT by trebb (Fight like your life and future depends on it - because they do.)
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To: lightman

If it a grave danger when you have 100 employees it a grave danger when you have 99 employees

This rule directly contradicts itself by trying create an exemption at the same time it argues it needs this “emergency power” to fight this “grave danger”


27 posted on 09/24/2021 7:38:58 AM PDT by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Cobra64

Please cite for me the case where the Supreme Court can do something to order the Executive branch to “do something” about the southern border?

How about we stop manufacturing excuses to scream in hysteria at everyone but the real culprits, the Biden Democrats.


28 posted on 09/24/2021 7:40:47 AM PDT by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Yogafist

If it a grave danger when you have 100 employees it a grave danger when you have 99 employees

This rule directly contradicts itself by trying create an exemption at the same time it argues it needs this “emergency power” to fight this “grave danger

Obviously there is no “grave danger” since they are willing to exempt a large segment of the work force from it’s requirements,


29 posted on 09/24/2021 7:44:22 AM PDT by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Yogafist

Actually there is a very good chance the Courts will not.

The Courts tend to be obsequious to Legislative action but rather hard on arbitrary Executive action


30 posted on 09/24/2021 7:46:16 AM PDT by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: lightman

The mandates are coming to businesses with less than 100 employees.

Earlier this week I saw a letter that was sent the Association of General Contractors (AGC) to OSHA. The letter states that the vast majority of their 27,000 members nation wide have fewer than 100 employees. The letter states that from AGC’s surveys 45 percent of the member employees have no intent to get vaccinated. They ultimately make the point hat no mandates should be put in place unless there are assurances that testing kits will be available.


31 posted on 09/24/2021 9:32:00 AM PDT by Fitzy_888 ("ownership society")
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To: Brian Griffin
grave danger -> danger that can cause someone to wind up in a grave
(even a danger that stands a .2% chance of putting someone in a grave is a ‘grave’ danger.)


So why aren't they mandating 'vaccines' and testing for the multitude of other diseases that can kill you? Why aren't we getting weekly/daily/hourly testing done for TB, Influenza, RSV, Yellow Fever, Ebola, Malaria, pools, baseball bats, 9Vs (hook enough together, it'll certainly kill you!), buckets (infant drowning hazard), spider bites, alligators, pythons, etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc et cetc ect etc etc etc etc?

Why is the ChinaVirus so special that it is the sole 'vaccine' that OSHA needs to attempt to force on everyone?
32 posted on 09/25/2021 9:59:20 PM PDT by Svartalfiar
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