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OHSA has not even issued a vaxx-mandate standard yet, and will have a hard time enforcing it


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2021 Sep 16, 11:21pm   758 views  36 comments

by Patrick   ➕follow (55)   💰tip   ignore  

https://www.washingtonexaminer.com/news/osha-will-struggle-to-enforce-biden-vaccine-mandate


The Occupational Health and Safety Administration is likely to face difficulty enforcing President Joe Biden’s COVID-19 vaccine mandate and may have to rely on publicly shaming companies, a tactic popularized during the Obama era.

Biden called on OSHA last week to develop an Emergency Temporary Standard that would require employees at companies with 100 or more workers to be vaccinated or be tested once a week. Employers could face fines up to $14,000 per violation.

“The mandate affects somewhere between 80 million and 100 million workers, and just because of the large numbers of employers, that would make enforcement a bit tricky,” said Ian Carleton Schaefer, chairman of New York employment and labor law at the law firm Loeb and Loeb.

OSHA traditionally relies on complaints filed by employees in determining which companies to inspect. However, OHSA usually will not investigate until multiple complaints are filed.

“One big challenge for enforcing OSHA mandates is the fact that OSHA as an agency is historically very underfunded and very understaffed,” said Jennifer Shinall, a professor of law at Vanderbilt University.

FEDERAL JUDGE BLOCKS NEW YORK COVID-19 VACCINE MANDATE FOR HEALTHCARE WORKERS

Shinall also noted that employees can only file complaints under OSHA. They cannot file lawsuits against employers for violating OSHA rules, as they can under many other federal laws.

Another method of enforcement would entail a registry in which companies would have to report the number of employees vaccinated and tested regularly. OSHA could then target the companies that did not comply or were slow to comply. But no such registry exists at the federal level, and setting one up could entail many difficulties.

"It would be pretty burdensome for the government to set up that kind of registry, and then we'll get into all kinds of privacy concerns on the part of employees,” Schaeffer said. “So that's a very big question mark that's still out there.”

Shinall said OSHA could lean on state and local health departments in order to create such a registry, but that would likely be met with resistance.

“To the extent that states are opposed to these mandates, then that's going to be very difficult to do,” Shinall said.

Perhaps OSHA’s best option is “public shaming.” During the Obama administration, OSHA pursued a strategy of using press releases to shame companies that incurred the highest levels of OSHA fines, usually $40,000 or more.

“Since this mandate is a highly symbolic action by the federal government, I think the most promising mechanism through which this mandate will work … is through public attention or public shaming,” Shinall said.

A study by Matthew Johnson, a labor economist at Duke University’s Sanford School of Public Policy, found that a single OSHA press release about one company would improve compliance from similar companies. Johnson estimated that OHSA would need to conduct over 200 inspections to achieve the same result as it did with a single press release.

OSHA enforcement of the vaccine mandate depends on the ETS being upheld by federal courts. OSHA has not yet issued the ETS, and its timeline for doing so is not known.

“The bottom line is that OSHA's record with regard to Emergency Temporary Standards that are challenged in court is not a good one,” said Baruch Fellner, an active retired partner with the law firm Gibson, Dunn, and Crutcher. “It is a very, very high bar with respect to promulgating an emergency temporary standard. And that's probably the principal difficulty that OSHA has.”

Comments 1 - 36 of 36        Search these comments

2   Onvacation   2021 Sep 29, 6:39am  

U.S.C. 666?
Really?
3   Shaman   2021 Sep 29, 8:06am  

Onvacation says
U.S.C. 666?
Really?


Yah it’s a bit TOO on the nose!
Lots of similarities here. Can’t buy or sell (vax passports) without the mark, or work for money (mandate). I’m not the guy who likes to call out biblical prophecy in real life but just check this out…

“The second beast was given power to give breath to the image of the first beast, so that the image could speak and cause all who refused to worship the image to be killed. It also forced all people, great and small, rich and poor, free and slave, to receive a mark on their right hands or on their foreheads, so that they could not buy or sell unless they had the mark, which is the name of the beast or the number of its name. This calls for wisdom. Let the person who has insight calculate the number of the beast, for it is the number of a man. That number is 666.”
‭‭Revelation‬ ‭13:15-18‬ ‭NIV‬‬
6   RWSGFY   2021 Nov 4, 8:04am  

zzyzzx says
https://public-inspection.federalregister.gov/2021-23643.pdf


490 pages? Fucking shit these cunts can generate walls of text.
7   mell   2021 Nov 4, 9:40am  

Remote/tele workers and outdoor workers are exempt as expected as they couldn't possibly justify this, so no change here - here's to never returning to an office again! This overreach will only cause even more economic dislocations, and more red wins. Let the scotus challenges begin. LGB!
8   NuttBoxer   2021 Nov 4, 9:52am  

In AP article posted today OSHEA admitted it's unenforceable as they will have to rely on snitches reporting violations in order to know where to inspect and fine. Mandate is dead.
9   mell   2021 Nov 4, 9:59am  

NuttBoxer says
In AP article posted today OSHEA admitted it's unenforceable as they will have to rely on snitches reporting violations in order to know where to inspect and fine. Mandate is dead.


Agreed but it may embolden more companies to follow that stupid path just to avoid trouble with osha. Long term this mandate is dead and I expect it to get killed by scotus.
10   PerfectlyFlawed   2021 Nov 4, 10:06am  

Executive Orders are only lawful over the Federal bureaucratic agencies the president / executive branch directs, so obviously this is an insane over-reach by Bidet with no legal basis in fact. If our court system (or anything) is 'real' and functioning as it supposed to - I'd expect there to be an injunction ordered by a Federal District Court putting a stop to this within hours of this so-called executive order going into effect (as happened under trumps travel restrictions from certain shithole nations early in his term). This will certainly put to test the notion that trumps many appointments to Federal Courts had a rebalancing effect by taking it out of the hands of left wing activist judges trying to push an agenda from the bench. We'll soon see, but no doubt - injunction or not - this will be challenged heavily..
11   PerfectlyFlawed   2021 Nov 4, 12:13pm  

Biden's hesitation/delay to put 'mandatory' vaccine executive order - affecting private sector - in force till Jan 4th is strategic therefore negating any emergency claims (legal arguments inbound):
12   GNL   2021 Nov 4, 2:17pm  

NuttBoxer says
In AP article posted today OSHEA admitted it's unenforceable as they will have to rely on snitches reporting violations in order to know where to inspect and fine. Mandate is dead.

Snitches get stitches.
13   NuttBoxer   2021 Nov 4, 5:57pm  

mell says
Agreed but it may embolden more companies to follow that stupid path just to avoid trouble with osha. Long term this mandate is dead and I expect it to get killed by scotus.


My new company is quite large, and they've said they won't make any decisions until they have more specifics. I seriously doubt they will push enforcement given majority of their workforce is in Texas.
14   PeopleUnited   2021 Nov 4, 9:04pm  

NuttBoxer says
In AP article posted today OSHEA admitted it's unenforceable as they will have to rely on snitches reporting violations in order to know where to inspect and fine. Mandate is dead.


That sounds great, but the major corporations are already moving to implement these illegal orders. They are falling all over themselves to serve their globalist masters and persecute those Christians and deplorable fans of Brandon.
15   Patrick   2021 Nov 4, 9:09pm  

I'm still astounded that companies will take this legal risk. They could easily get sued into oblivion.
16   PeopleUnited   2021 Nov 4, 9:21pm  

My understanding is that 26 states are already suing the feds over these illegal orders.
17   NuttBoxer   2021 Nov 5, 9:14am  

PeopleUnited says
That sounds great, but the major corporations are already moving to implement these illegal orders. They are falling all over themselves to serve their globalist masters and persecute those Christians and deplorable fans of Brandon.


I'm not seeing it. Most companies have walked back their mandates, or refused to implement at all. Even in California, the recruiter I talked too when I was looking for work, said most companies she knew of didn't have a mandate. Another place I interviewed with in San Diego, one of the largest medical insurance companies in the state, no mandate. They're losing, we're winning.
18   HeadSet   2021 Nov 5, 3:10pm  

Patrick says
I'm still astounded that companies will take this legal risk. They could easily get sued into oblivion.

Those companies likely believe they will be granted immunity from prosecution. Like the amnesty granted to Confederate soldiers after the war.
19   joshuatrio   2021 Nov 5, 4:40pm  

NuttBoxer says
PeopleUnited says
That sounds great, but the major corporations are already moving to implement these illegal orders. They are falling all over themselves to serve their globalist masters and persecute those Christians and deplorable fans of Brandon.


I'm not seeing it. Most companies have walked back their mandates, or refused to implement at all. Even in California, the recruiter I talked too when I was looking for work, said most companies she knew of didn't have a mandate. Another place I interviewed with in San Diego, one of the largest medical insurance companies in the state, no mandate. They're losing, we're winning.


I cautiously agree with this.

Just accepted a job doing cyber work. No mention of a vax.

Offered another federal contracting gig and accepted it as well (to test the vax mandate). And they seem satisfied with a written religious exemption which I posted in the other thread.

My other friends have t seen it come yet, many of which are in the federal line of work.
20   HeadSet   2021 Nov 5, 7:22pm  

PeopleUnited says
My understanding is that 26 states are already suing the feds over these illegal orders.

Yes, but colleges are still mandating the shots.
21   Patrick   2021 Nov 6, 11:49am  

https://covidreason.substack.com/p/lets-go-brandon-trosclair-the-5th


Let's Go Brandon (Trosclair)! The 5th Circuit Court Stays the OSHA Mandate. Liberty Justice Center Leads the Way
First win for the WAVE of lawsuits against the OSHA rule via LJC

Justin Hart
5 min ago

We've been documenting in these pages the ridiculous overreach of the government using OSHA as their latest and greatest vehicle to force Americans into their jab policies. As soon as the announcement was made this past week a flood of lawsuits made their way into the dockets and now… first blood is struck!
22   Patrick   2021 Nov 6, 11:53am  

https://alexberenson.substack.com/p/urgent-the-5th-circuit-texas-has


The 5th Circuit (Texas) has issued an emergency stay of Biden’s vaccine mandate
Meanwhile the Department of Transportation says it won’t apply to truckers…

Alex Berenson
1 hr ago
264
126
The mandate is coming apart at the seams. The trucker exemption is particularly absurd - is there a more obvious vector for disease transmission than a long-haul trucker? If you are working ALONE AT HOME the mandate applies, but truckers are exempt. (NOTE: See update at end.)

Because science, or maybe because even the bright boys have realized the supply chain will collapse if they push this nonsense too hard.

I predict that by this time next year the vaccine mandates will seem as absurd and political as school closures do right now. Remember how the unions and the media told us in 2020 that the coffins would be stacked high outside Little Johnny’s Elementary if the teachers had to go back? They would like to make that little episode disappear.

But it won’t. And this fall’s insanity won’t either.

NOTE: As readers have pointed out, the new OSHA mandate does exempt home workers. However, most large employers are ALSO covered by federal contracting rules mandating vaccines - this is why they required shots even before OSHA’s rule last week - and they have generally insisted that those rules apply to all employees, even those who work remotely. I should have been clearer about this distinction in the original story.)
24   PeopleUnited   2021 Nov 6, 12:14pm  

HeadSet says
PeopleUnited says
My understanding is that 26 states are already suing the feds over these illegal orders.

Yes, but colleges are still mandating the shots.


Yes, colleges, health care corporations, and even Citigroup.

And here is what the gestapo leader said in response to the stay issued by the court of appeals: “ In a statement, Solicitor of Labor Seema Nanda said the Labor Department was "confident in its legal authority" to issue the rule, which will be enforced by the Occupational Safety and Health Administration (OSHA).

"The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them," she said. "We are fully prepared to defend this standard in court.””

If I was a judge, I would ask Seema Nanda what kind of emergency we have, where in September the “emergency” is announced, in November the rules for the “emergency “ are announced, and in January two more months later the rules are supposedly scheduled to be enforced. Sounds like it is not an emergency at all.
25   GNL   2021 Nov 6, 7:57pm  

PeopleUnited says
Sounds like it is not an emergency at all.

Who gets to define what an emergency is? What are the metrics? Once we know what the metrics are, we can compare to many other things and then we can see it's all lies and propaganda. The goal, imo, is once they can make this an emergency, they will be able to make climate change an emergency and then be able to legalize democide....for the good of the planet. A worldwide democide.
26   Patrick   2021 Nov 6, 11:03pm  

It's a very long emergency.
27   PeopleUnited   2021 Nov 7, 5:39am  

From the viewpoint of those who value the Bill of Rights, individual autonomy and exercise of conscience; the real emergency is that the powers that be have been undermining these values at an increasing rate for the past 100+ years. 2020 was them tripling down on the push for the end of our Republic.

From the viewpoint of the powers that be (who by the way have published an agenda with such documents as
Agenda 21 https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf , Agenda 2030 https://sdgs.un.org/2030agenda https://unsdg.un.org/sites/default/files/UNDG-Mainstreaming-the-2030-Agenda-Reference-Guide-2017.pdf , and the great reset https://www.weforum.org/great-reset ) realize that they are behind schedule so the Covidian scare is the “emergency” they need to address their real emergency that if they don’t act soon on their plans for depopulation, destruction/redefining religion and implementation of the foundations of a global police state, they will not meet their goals on schedule.
28   Al_Sharpton_for_President   2021 Nov 7, 6:08am  

COVID-19: Quebec drops vaccination mandate for health-care workers

Quebec is backtracking on its enforced COVID-19 vaccination mandate for health-care workers, government officials announced Wednesday.

After pushing back its deadline multiple times, Health Minister Christian Dubé said the province will abandon the measure altogether, as the health-care network can’t afford to lose the thousands of non-vaccinated employees.

The loss of unvaccinated staff would have had a “devastating effect on the system,” according to the health ministry.

The province’s plan to suspend unvaccinated workers as of Nov. 15 would have forced the health sector to cut services and would have compromised efforts to improve working conditions for all employees.

While 97 per cent of those who work in Quebec’s heath-care system are vaccinated, 14,000 haven’t received a first dose, and of those, 5,000 are in direct contact with patients.

While vaccination will no longer be mandatory for current employees, Dubé added that all new health-care hires will have to be vaccinated.

Unvaccinated staff will be obliged to get tested for COVID three times a week, and those who don’t comply will be suspended without pay.

The government had originally set an Oct. 15 deadline for all workers to be vaccinated but extended it in the hopes of convincing the remaining staff to get their shots.

The vaccination rate among health-care workers has gone up from about 90 per cent to 97 since the government first announced its intention in August to impose a mandate.

Dr. Donald Vinh, an infectious disease specialist at the McGill University Health Centre (MUHC), said the Quebec government has dug itself into a hole by making such a move, which could backfire.

“I worry that it’s not the science that is guiding the policy decision-making,” Vinh said.

“Health-care workers who are inadequately vaccinated will find themselves at higher risk of needing to be hospitalized,” he added.

Michel Lachance, an unvaccinated paramedic who is part of an ongoing lawsuit against the province’s vaccine mandate, told Global News he is relieved. “I am really happy, it relieves a weight that I [have had] for a couple of months now,” said Lachance.

https://globalnews.ca/news/8346947/quebec-drops-vaccine-mandate-among-health-care-workers/
29   Patrick   2021 Nov 7, 7:24am  

Good news! Now both Ontario and Quebec have defeated the powers of corporate-liberal wokeness for the moment.

At least some nurses and workers have shown that they have the power to resist satanic government decrees.

Perhaps even better news is Newsom's disappearance after getting his booster injection. Seems like they gave him the real thing instead of just saline.

If he drops dead from the vaxx, that could save the lives of tens or hundreds of thousands of California schoolchildren who would have died from his staggeringly evil plan to inject them all.
30   GNL   2021 Nov 7, 8:34am  

Patrick says
Good news! Now both Ontario and Quebec have defeated the powers of corporate-liberal wokeness for the moment.

At least some nurses and workers have shown that they have the power to resist satanic government decrees.

Perhaps even better news is Newsom's disappearance after getting his booster injection. Seems like they gave him the real thing instead of just saline.

If he drops dead from the vaxx, that could save the lives of tens or hundreds of thousands of California schoolchildren who would have died from his staggeringly evil plan to inject them all.

It's crazy to say this but, the most effective way for us to escape Covid hell seems to be if tons and tons of people, especially "special" people, die from the vax. They have all of us secretly cheering for the death of each other. This shit is truly satanic.
31   Patrick   2021 Nov 7, 11:25am  

Sadly, this is true.

The more high-profile deaths there are, the quicker we escape from the Bourla-Fauci-Satan cabal.
32   PeopleUnited   2021 Nov 7, 5:35pm  

Patrick says
If he drops dead from the vaxx, that could save the lives of tens or hundreds of thousands of California schoolchildren who would have died from his staggeringly evil plan to inject them all.


Talk about a win-win !
33   RWSGFY   2021 Nov 7, 8:14pm  

Where is Gayin' Newscum?
34   RWSGFY   2021 Nov 8, 9:35am  

Do I understand it correctly that the stay issued by the 5th circuit court is only for the "100+" mandate but does nothing for federal contractors?
35   Patrick   2021 Nov 8, 10:47am  

https://thehill.com/homenews/administration/580340-white-house-facing-onslaught-of-challenges-to-coronavirus-vaccine?rl=1

White House facing onslaught of challenges to vaccine rules
BY ALEX GANGITANO AND NATHANIEL WEIXEL - 11/07/21 12:00 PM EST
36   Eric Holder   2021 Nov 8, 5:08pm  

Looks like the stay covers fed contractors too:


Washington, DC (CNN)A federal appeals court temporarily blocked the Biden administration's new vaccine rules that could apply to larger employers, certain health care workers and federal contractors.
In the brief order, a three-judge panel on the Fifth Circuit Court of Appeals said that the petitioners in the case -- Republican-led states and private businesses -- "give cause to believe there are grave statutory and constitutional issues with the Mandate."
The court asked the government to respond by 5 p.m. on Monday and said it would expedite the case. The court did not specify whether its order would have nationwide effect or would only apply to the states under its jurisdiction.


https://www.cnn.com/2021/11/06/politics/court-blocks-biden-administration-vaccine-rule-larger-employers/index.html

Sorry for the CuntNN link.

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