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Labor Secretary Insists OSHA COVID-19 Vaccine Rule Is Not a Mandate
https://www.theepochtimes.com ^ | November 5, 2021 | By Zachary Stieber

Posted on 11/05/2021 8:25:10 AM PDT by Red Badger

Labor Secretary Marty Walsh, during a media blitz on Thursday, said that the new Biden administration rule that requires private employees to show proof of COVID-19 vaccination or get tested for COVID-19 on a regular basis is not a mandate.

“This isn’t a mandate—this is a vaccine or testing,” Walsh, a former mayor of Boston, said during an appearance on MSNBC.

“What we want to do is just encourage people to get vaccinated, if they choose not to get vaccinated, we’re asking—they’re going to get tested and then, in the workplace, when they’re around other people, they’re going to wear a mask. This is not a mandate,” he added on CNN.

The Labor Department’s Occupational Safety and Health Administration (OSHA) promulgated earlier in the day what’s known as the emergency temporary standard that outlines the requirements for private employers.

The requirement mandates businesses with 100 or more workers to either obtain proof of COVID-19 vaccination from each employee or results from COVID-19 testing done on a regular basis, at least once a week. It may be expanded to smaller businesses before being finalized.

Critics said the standard is clearly a mandate.

“This new rule is illegal and unconstitutional. It circumvents the normal legal process, along with Congress, to claim emergency powers to impose a mandate on American business,” Rick Esenberg, president and general counsel at the Wisconsin Institute for Law & Liberty, which is representing two businesses suing the administration over the standard, said in a statement.

Multiple lawsuits were filed within hours of the rule being unveiled. Many of them described it as a mandate.

The administration is citing the Occupational Safety and Health Act, a federal law enacted in 1970 after being passed by Congress and signed by then-President Richard Nixon.

The act lets OSHA issue an emergency standard “if the agency determines that employees are subject to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and an ETS is necessary to protect employees from such danger.” The agency says SARS-CoV-2, or the CCP (Chinese Communist Party) virus, which causes COVID-19, constitutes a grave danger.

“I don’t believe we’re overstepping our bounds here,” Walsh said, adding that he’s confident, like other administration officials, that the standard will withstand legal challenges.

Using the labor secretary’s rationale, a different requirement issued Thursday is a mandate.

The Department of Health’s Centers for Medicare and Medicaid Services separately announced that it’s requiring health care workers at facilities that receive funding from Medicare or Medicaid get vaccinated against the CCP virus. Those facilities, which employ over 17 million workers, are governed by the requirement, not the OSHA standard.

They do not have a testing opt-out option.

Asked what would happen to the health care workers who refuse to get a vaccine, Walsh said on PBS, “Employers will be able to take the action that they think is right.”


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: laborsecy; osha; vaccinemandate
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1 posted on 11/05/2021 8:25:10 AM PDT by Red Badger
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To: Red Badger

Does the dog have an opinion about his master’s motives?


2 posted on 11/05/2021 8:26:31 AM PDT by Tallguy
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To: Red Badger

A mandate by any other name is a mandate.


3 posted on 11/05/2021 8:27:15 AM PDT by AndyTheBear
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To: Red Badger

A mandate by any other name is still a mandate. Being forced to either be vaccinated or be tested weekly (daily is coming) and masked up is a mandate.


4 posted on 11/05/2021 8:27:31 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021.)
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To: Red Badger

Nobody is FORCING you to get the vaxx.


5 posted on 11/05/2021 8:27:40 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: rktman

That’s a bold face lie.


6 posted on 11/05/2021 8:28:33 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021.)
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To: Red Badger

“The agency says SARS-CoV-2, or the CCP (Chinese Communist Party) virus, which causes COVID-19, constitutes a grave danger.”

The COVID19 virus has a mortality rate equal to the common flu (0.89 rate). Why didn’t OSHA put out this emergency order for the flu?


7 posted on 11/05/2021 8:33:02 AM PDT by Flavious_Maximus (Fauci is a murderer)
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To: CatOwner

Who pays for the testing?


8 posted on 11/05/2021 8:33:06 AM PDT by SoCal Pubbie
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To: CatOwner

They’re experts at it.


9 posted on 11/05/2021 8:35:14 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: SoCal Pubbie

Good question. I suspect most companies would cover it, but I am not sure.


10 posted on 11/05/2021 8:35:16 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021.)
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To: Red Badger

It’s not a mandate! It’s just a requirement and we’ll fire you or jail you if you don’t comply.


11 posted on 11/05/2021 8:36:26 AM PDT by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda.)
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To: Islander7
It’s not a mandate! It’s just a requirement and we’ll fire you or jail you if you don’t comply.

Or excessively fine the companies if they don't monitor and/or testing their employees.

12 posted on 11/05/2021 8:39:59 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021.)
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To: Flavious_Maximus
"The COVID19 virus has a mortality rate equal to the common flu (0.89 rate). Why didn’t OSHA put out this emergency order for the flu?

Hahahahahaha/s

13 posted on 11/05/2021 8:41:28 AM PDT by goodnesswins (....pervert Biden & O Cabal are destroying America, as planned.)
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To: Red Badger

King Biden not amused.


14 posted on 11/05/2021 8:42:34 AM PDT by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: rktman

No one will FORCE you into the boxcar either.


15 posted on 11/05/2021 8:44:01 AM PDT by Fresh Wind (You are not a horse, you are not a cow. Seriously, y'all. Stop it.)
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To: Red Badger
“if the agency determines that employees are subject to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and an ETS is necessary to protect employees from such danger.“
You would think the survivability rate of 99.8% would question whether this is so great a threat we need this overreach.
16 posted on 11/05/2021 8:44:04 AM PDT by Yogafist
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To: Red Badger

Not a mandate. Businesses can CHOOSE to go bankrupt or not. People can CHOOSE to quit.

/s


17 posted on 11/05/2021 8:45:20 AM PDT by ReaganGeneration2 (Widespread belief in asymptomatic spread of a low-risk virus hastened the end of the West by 100 yrs)
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To: Red Badger

So you want us to all get the shot and die? Great. F you!


18 posted on 11/05/2021 8:46:59 AM PDT by spincaster (i)
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To: Red Badger

It is or it isn’t. But it is BULLSH!T.


19 posted on 11/05/2021 8:49:17 AM PDT by wetgundog
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To: wetgundog

Schools are not teaching CRT.
The government is not mandating the vaccine.
The $3.5 trillion spending bill doesn’t cost anything.

Millions of Americans nod their heads and say, “They wouldn’t say it if it wasn’t true ...”


20 posted on 11/05/2021 8:51:24 AM PDT by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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