Posted on 11/06/2021 6:18:51 AM PDT by motoman
Oh, you're a woke-poke employer eh?
You think hiding behind OSHA -- or the threat to issue a mandate by the government -- in some way prevents you from being liable for injuries and/or deaths related to the vaccines?
(Excerpt) Read more at market-ticker.org ...
100 employees is not a big corporation, many small businesses have that many. And by the way, they won’t stop at 100, just a heads up. Once that camel’s nose is in the tent, it will be required for businesses with less than 100.
My prediction is that the principled small businesses will either close or get fined out of existence. My husband will not take the shot nor force it on his employees; he would shut his doors first. We are already talking about how we make ends meet after that because we are not wealthy, and we are not retirement age.
However, I believe the large dem-loving corporations will get a pass and be given some kind of immunity from legal action.
In the end, the only businesses left in the US will be those beholden to the government in some manner. Same with healthcare.
This is, in essence, will lead to a complete communist takeover of the US as they will control energy, healthcare, food production (why do you think Bill Gates is the largest farmland owner in the US now?), business, education, and more.
Call me crazy or a conspiracy theorist, but that is where I believe all this is headed.
You really do not know what is coming, do you?
You think this is only going to cause a small speed bump for employers of more than 100 people? Pay attention the the resolve of the employees at the below link.
I have a pretty good idea how the kerfuffle between employers, vax mandates, employees, OSHA, etc. will shake out in court.
I also think the OSHA regulation gets shot down pretty easily - but not before the employers push the mandate.
My point is employers won’t face liability, and it won’t cost them much to get that conclusion. A few cases in any jurisdiciton then it’s settled law and the lawyers tell the employee/clients that.
I do agree that employers will lose employees. I’m one that has turned away assignments based on vax nonsense. I shut down attempts at persuasion to vax, too.
“If you mandate, as a private employer, “vaccination” against Covid-19 any and all adverse events as a result of said jabs are now chargeable to you, as the Federal Government itself has deemed that “mandated” vaccinations are indeed injuries that occurred while performing the job in question, irrespective of where the jab took place, and that said adverse events, up to and including death do in fact occur.
Got that employers and HR Departments? Said “adverse events” are expected.
Oh by the way your insurance firm has likely inserted a “pandemic exemption” into your liability coverage. That’s shown up in a whole lot of those policies over the last year or so, and it’s odds-on that’s the case for you as well.”
I’ve been saying this all along, employers are getting set up. Since there is no law they are taking it upon themselves to tell their employees what they have to do to keep employment. When the court cases start, they are the only ones liable.
“It holds no water. They’ve already been told by the Feds they’ll be compensated in the unlikely event some court holds them liable.”
Was that sarcasm? Because it should be.
“The employer’s choice is between following the regulation or being fined by the government”
What regulation? The transcript of a couple of speeches doesn’t count. Employers will be going to court with nothing to back them up. There is no law, executive order, regulation, there’s nothing.
The OSHA regulation is “out” with an effective date.
A few lower court rulings are not going to make for settled law. The PREP ACT is the current legal standard. If the option to have weekly testing becomes logistically impossible or cost prohibitive and the employee can demonstrate undue pressure into the employers insistence on being vaccinated under threat of losing their income, and then there is a vaccine related injury or death, the case is going to be made that the employer did not make for a reasonable accommodation.
Employers are only going to be safe if the option to not be vaccinated is made reasonable, accessible and affordable to the employee. Nowhere in this mandate is the employer relieved assuring for the option of weekly testing. OSHA will never be sued. The employer will be on liable.
Ok, thx.
Nov 5.
So anyone that has had the vaccine before that date because and needed it to keep their job can sue the employer and the employer has no alibi. So to speak.
After that date, then there’s no point suing. The employer will point to OSHA. I suppose a class action lawsuit could be brought against OSHA but that would be long tedious and expensive.
So far, the plan is for the company to pick up the costs.
There are already suits against this.
Outcome depends on which judge gets the case. I figure there will outcomes on both sides.
From the article:
“
Oh, you’re a woke-poke employer eh?
You think hiding behind OSHA — or the threat to issue a mandate by the government — in some way prevents you from being liable for injuries and/or deaths related to the vaccines?
Uh, how would you like to defend that position in court given all of the following are true:
The PREP act has no provision giving you legal immunity and cannot be amended by executive order as it is law, so you would need both houses of Congress to pass such a thing — and they have not.
The producing firms and health care providers are immune from damages under that same PREP Act. Therefore under the general principle of joint and several liability guess who gets all of it: You do.
You could have tried to claim that the Federal Government refused liability (and got away with it) for direct employees, or even that “there’s no such thing as vaccine injury from these jabs” and claimed that the Federal Government itself said this is so..... except, oops, that just went up in a puff of smoke.
The Federal Employees’ Compensation Act (FECA) covers injuries that occur in the performance of duty. The FECA does not generally authorize provision of preventive measures such as vaccines and inoculations, and in general, preventive treatment is a responsibility of the employing agency under the provisions of 5 U.S.C. 7901. However, care can be authorized by OWCP for complications of preventive measures which are provided or sponsored by the agency, such as adverse reaction to prophylactic immunization. See PM 3-0400.7(a).
Further, deleterious effects of medical services furnished by the employing establishment are generally considered to fall within the performance of duty. These services include preventive programs relating to health. See PM 2-0804.19.
However, this executive order now makes COVID-19 vaccination a requirement of most Federal employment. As such, employees impacted by this mandate who receive required COVID-19 vaccinations on or after the date of the executive order may be afforded coverage under the FECA for any adverse reactions to the vaccine itself, and for any injuries sustained while obtaining the vaccination.
Oops.
If you mandate, as a private employer, “vaccination” against Covid-19 any and all adverse events as a result of said jabs are now chargeable to you, as the Federal Government itself has deemed that “mandated” vaccinations are indeed injuries that occurred while performing the job in question, irrespective of where the jab took place, and that said adverse events, up to and including death do in fact occur.
Got that employers and HR Departments? Said “adverse events” are expected.
Oh by the way your insurance firm has likely inserted a “pandemic exemption” into your liability coverage. That’s shown up in a whole lot of those policies over the last year or so, and it’s odds-on that’s the case for you as well.
Incidentally there is plenty of evidence that these jabs will be eventually found to be responsible for a whole host of serious problems, and those do not end within a couple of weeks of the jab itself. Indeed, the evidence is mounting rapidly (see the all-cause “excess death” rates for various age groups, particularly cardiac and circulatory related, among young people now showing up in places like Scotland and England for examples) that there is a causal link between both strokes and heart attacks.
I remind you that the FDA and pharmaceutical industry claimed, not all that long ago, that no such link existed for Vioxx. It was only after about 60,000 Americans had heart attacks and died, and several hundred thousand had non-fatal heart problems caused by it, that it was withdrawn from the market — five years later.
Moderna and Pfizer may be immune from lawsuit but you are not, and further, the precedent by the Federal Government itself now exists based on their own public statement that if an employee gets screwed by the jab you demanded they take you’re on the hook whether that injury is evident five minutes afterward or five years later.
If OAS or ADE shows up as is being indicated, but not yet proved by the data out of both Scotland and Britain then you’re really in trouble as every single vaccinated person who gets Covid-19 and dies or is permanently harmed in your organization, and that will be a very sizeable percentage of the whole, is going to result in a huge lawsuit that you will lose.
Good luck *******s; you just got ****ed, your company is likely to be a smoking hole and it couldn’t happen to a nicer bunch.
“
Dies the so called mandate specify what type of weekly test is acceptable? Would a home version of the test that I can but at CVS suffice?
Why not just require covid testing for EVERYBODY?
Which ACCURATE test would you suggest? And, at what frequency?
“Thus, even if it IS made law, there is an escape hatch.”
Yup. I still remember Freepers were CRYING on FR saying they cant pay obamacare by law. Loophole? Pay $575 “penalty” and you’re good. Well, I never did pay in the entire 8 years it was nailed unto us and probably the only Freeper who got away with it.
And all it takes for Deninger to be wrong is the right judge.
If that does not work all it takes is for the giverment to pass a law. If that suits them they can act with the speed of light.
I turned down lucrative offers in Vancouver due to the mandate. I should have 2 more new cars in the garage due to the offers but my life is worth more than that.
Dear FRiend, are you truly saying you'd want the test option REMOVED? Are you saying that the vaxx-only mandate is ok?
Who wants to be jabbed up the nose every week?
The swab will work.
Every once in a while, a person gets jabbed too hard and brain fluid leaks out the nose.
Uh huh. Some people love bondage, and the sense of being trapped. Others, work on evading Leviathan. Pick your poison.
Dear Doodle,
I want all of it removed. :-)
And they will guarantee that the test results will not be leaked, and become a scarlet letter for all future employment, health insurance, malicious doxxers, and other malefactors?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.