OSHA Will Provide The Rules For COVID Vaccination Mandates

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  1. Sharlee01 profile image83
    Sharlee01posted 13 months ago

    More than 130,000 businesses across the U.S. are bracing for the Biden administration’s rules on Covid vaccination and testing.

    The requirements will apply to roughly two-thirds of the private sector workforce.

    Nearly every Republican state attorney general in the U.S. signed a letter to the president last month vowing to challenge the requirements.

    OSHA delivered its proposal to the Office of Management and Budget on Tuesday night for final review.

    "President Joe Biden last month directed the Occupational Safety and Health Administration, a tiny agency that polices workplace safety for Labor, to write rules requiring private companies with 100 or more employees to vaccinate their staff against Covid-19 or test those who aren’t at least once a week."

    "The rule is expected to take effect soon after OMB completes its review. Because it’s being written under emergency procedures, OSHA can shortcut some of the usual regulatory bureaucracy, like a public comment period that would normally delay it by several months. OSHA will likely give companies time to comply with the new mandate before broad enforcement begins, according to Debbie Berkowitz, who served as a chief of staff and senior policy advisor at OSHA during the Obama administration"

    "The National Federation of Independent Business is flatly opposed to the rule, accusing the Biden administration of “commandeering” businesses to act as “instruments of coercion” against employees."

    "The sweeping national mandate will almost certainly face more legal challenges. Nearly every GOP state attorney general in the U.S. signed a letter to the president last month vowing to use “every available legal option” to halt the mandate, calling it “counterproductive and harmful.”

    "States, however, probably don’t have legal standing to challenge the rule, according to Georgetown University law professor David Vladeck.

    “I don’t think it’s going to be easy for a state agency to say I represent the business community here,” Vladeck said. “The business community is perfectly able to represent itself.”

    Source ---   https://www.cnbc.com/2021/10/15/busines … suits.html

    Lot's to talk about --- Will these new COVID mandates cause more of a shortage of workers?

    Will this all end up tangled in multiple lawsuits?

    How could the new COVID mandates affect the problems at our shipping ports, and trucking industry, dock workers?

    Will the COVID mandates lead to higher inflation than we currently are experiencing?

    1. GA Anderson profile image89
      GA Andersonposted 13 months agoin reply to this

      I would go with two other questions first: Does the Federal government have the constitutional authority to make such mandates? And, should the Federal government impose those mandates, even if they do have the authority?

      I don't know about the first, but I would answer that they should not for the second.

      I think the imposition of these mandates will do more harm than the assumed medical benefits.

      If I project a Democrat mindset, (my perception of the stereotype), that it is the uneducated white Republican that is resisting vaccinations, (I am projecting this from my white-collar job office chair where my already vaccinated self is safe from any job insecurity due to the mandate), I would say yes to both questions. Or, I might be a politically involved Democrat, and I would be onboard with this, `its the unvaccinated's fault that we haven't beat Covid yet' mantra and also answer yes to both questions.

      If, the Democrats follow this line of reasoning for supporting the mandate they are going to shoot themselves in the butt for 2022. Because . . . the folks that are hurt by the mandate won't be silent about it and they will remember it on election day.

      Of course, that all depends on my perception of the Democrats' need for Moderate and Independent voters. They will always need us, and I think this move will lose them.

      Bottom line; `It ain't right for the government to do this.'

      GA

      1. wilderness profile image96
        wildernessposted 13 months agoin reply to this

        "Does the Federal government have the constitutional authority to make such mandates? And, should the Federal government impose those mandates, even if they do have the authority?"

        If we accept that OSHA, MSHA or other workplace safety organizations within the govt. have the authority to enforce workplace safety programs and rules then the answer to the first can be nothing but "yes".

        But the second question...that's the stickler.  Purely my opinion, but that would be a "no".  My reasoning is that it won't work, and could destroy OSHA - an entity that, while overstepping its bounds occasionally, has done an enormous amount of good in our workplaces.

        1. Sharlee01 profile image83
          Sharlee01posted 13 months agoin reply to this

          OSHA is important to our workforce and this in my view oversteps their boundaries.  The mandates blanket our workforce, and this can only lead to furthering our problem with not only getting people to fill the 10 million current unfilled jobs but within a very expedited time we may see that number grow. This could certainly also increase inflation problems that are pretty bad already.

          OSHA is most likely to share the backlash due to being used in this fashion.  In my view, this is a huge unnecessary blanket that our Government is so well known for. The order lacks common sense.

          1. wilderness profile image96
            wildernessposted 13 months agoin reply to this

            I worked under OSHA rules for 22 years, then under those same mandates, enforced to a lesser degree, for another 20 years.  I found them often exceeding reasonable boundaries and worse to very often refuse reasonable accommodations to reality.

            But they have done a great deal of good, and when it comes to providing a safe workplace are unmatched by anything business has ever done.

            One of the mandates of OSHA is that one person not endanger another, and this can take the form of not being drunk or high on the job.  OSHA protects me from co-workers idiocy in other words.

            Is it truly that different that the will now protect me from people refusing to take simple steps to slow/stop the spread of a deadly disease?  I know I don't want to work next to someone with a deadly, highly communicable, disease; is that not in OSHA's purview?  I'm talking people, from 2 to a half dozen (in my experience) often in contact with each other.

            1. Sharlee01 profile image83
              Sharlee01posted 13 months agoin reply to this

              I can see your point. each year I was mandated to get a flu shot or lose my job.  However, I just hoped to point out the problems that vaccine mandates could cause. So, yes it looks like a dammed if we dod dammed if we don't.

              At this point, we have an economy that is shaky is it wise to push vaccine mandates now when things are so precarious?  There are polls that show high numbers of citizens say they will leave their job if forced to take the vaccine. Now perhaps many won't if push comes to shove. But "what if"?
              https://www.healthleadersmedia.com/huma … e-mandated

              I think you realize I have been pro-vaccine. But my common sense tells me the OSHA mandates are not a good idea at this point. At some point, we need to look at what mandates could do to the economy. Can we afford to be so "lofty" in the here and now?

              1. wilderness profile image96
                wildernessposted 13 months agoin reply to this

                I agree with you; while it is smart for everyone to get jabbed, there has arisen such a disapproval of government forcing the issue that it should probably be dropped.  Let those that don't want it pay for those that do want to get it, and let all of us pay the consequences of not fighting a deadly disease to the best of our (collective) ability.

                And, of course, let Americans pay to vaccinate the world while we're at it.  I already hear screams that it is immoral and wrong for those producing and paying for the vaccine to use it on themselves before giving it away.

                1. Sharlee01 profile image83
                  Sharlee01posted 13 months agoin reply to this

                  Your point is well taken.  It is very obvious if more would have taken the vaccine we would all be better off.  Unfortunately, we are at a stalemate. I will be taking the buster very soon. I think all we can do is protect ourselves in the best way we can. I certainly don't want our economy to get worse. It would be easy to say the hell with the economy. But, the seriousness of a failing economy is nothing to say -- to hell with it.

                  1. Castlepaloma profile image73
                    Castlepalomaposted 13 months agoin reply to this

                    I say to hell with the economy. My physical body always comes first. Without the freedom of my mind and body I'm a total slave.

                  2. wilderness profile image96
                    wildernessposted 13 months agoin reply to this

                    Yea, I'm just waiting for my clinic to get the booster shots - should be done in a week or two.  My wife already got hers.

                    I find it rather sad that it's come down to purely politics (Don't force your jab on ME!) rather than common sense and an understanding of how vaccines work.  And fear from all the lies, of course.

      2. Sharlee01 profile image83
        Sharlee01posted 13 months agoin reply to this

        GA,  The federal government can't mandate vaccinations for the general public. However, vaccine mandates may be applied to specific groups under the federal government’s jurisdiction. This is the reason Biden has strengthened his mandates by going in a backdoor, OSHA. OSHA has the authority to make worker's safety rules. 

        Good question --  should the Federal government use such overreach, especially with the adverse reaction it could have on the economy that is very precarious at this time.  Not to mention the bigger problem is a citizen's right to choose what goes into their body.

        I  think one must consider there are some scientists asking that COVID be down labeled to an epidemic. Feeling the virus no longer is a true pandemic. This could indicate the possibility we are coming to the end of this virulent virus. So one might ask,  is the need for mandates pretty much, a day late?

        I am pro-vaccine, but more so pro-vaccine choice.  These mandates could really work to tank our economy further. In my view, anyone that does not want to take the vaccine will dig in and refuse to get jabbed anyway.   So, I agree the imposition of these mandates will do more harm than the assumed medical benefits.

        Being a nurse, I am not willing to blame the folks that have decided not to take the vaccine. My own cardiologist won't take the vaccine. His reasoning, he feels he has a good immune system, knows how to mitigate, and is in his early 50's.  He has not gotten COVID as of yet.  He did suggest I be vaccinated due to my age, and the fact I travel in and out of Mexico.    I have no idea if the majority of the unvaccinated are Republicans.  In my view, conservatives do tend to be very cautious, and really not individuals that could be called followers.  Republicans as a rule are not willing to be "Mikey's  You know the kid that will eat anything.

        The Democrats in my view at this point can't even sit down on their sore butts.  I mean we are talking buckshot...

        The folks that are hurt by the mandate no matter righties or lefties,  will be very mad when they find they can't even get Christmas trees, and are in gas lines paying over $5.00 a gallon.   And I agree their fury will be noted in 2022. 

        I truly feel more American's recognize the new administration is like no other we have seen in a very long time.  I trust Americans' innate need to live free and pursue life unfettered by government overreach.  This administration has leaned too far left in my view.

        1. GA Anderson profile image89
          GA Andersonposted 13 months agoin reply to this

          I am intentionally skipping any of the vax/anti-vax stuff, so, relative to the mandates, I don't think the government should impose them for reasons already mentioned.

          However, I think your closing thought could use a `second thought'. I think we "Americans" have seen too many administrations like this one.

          GA

          1. Sharlee01 profile image83
            Sharlee01posted 13 months agoin reply to this

            Yes, we have seen some real doozies. However, in my view, I have never been so scared for the country as I am now. The problem pile is almost where one can't see over it.   I feel we are in for some real serious problems with the current administration. My Intuition may be on overload.

    2. Castlepaloma profile image73
      Castlepalomaposted 13 months agoin reply to this

      Both presidents have declared covid as a war. Covid osting 50% more the the second world war. Like the Muslim terrorist attack on US for decades which showed the US cops are 40 times greater chance of killing an American than a Muslim, then still attacks the middle east for decades for greater wealth. Same story with covid, just to a much higher level of destruction and record gains for the wealthy. They will used Marstail law, that gose back to the assassination of Lincoln keeping marshal law active every year. The war now,  Is their on their own homeland. Where here saving on obesity medical cost and social security is more profitable to be stolen from. Rather than the fiery dragon trying to defeat the local snake in the grass. Easy unsuspected picking at home.

      1. Castlepaloma profile image73
        Castlepalomaposted 13 months agoin reply to this

        Both presidents have declared covid as a war. Covid costing 50% more the the second world war. Like the Muslim terrorist attack on US for decades which shows the US cops are 40 times greater chance of killing an American than a Muslim, then still attacks the middle east for decades for greater wealth. Same story with covid, just to a much higher level of destruction killing millions of poor people wail record gains for the wealthy. They will used Marsail law, that gose back to the assassination of Lincoln keeping marshal law active every year. The war now,  Is their on their own homeland. Where here saving on obesity medical cost and social security is more profitable to be stolen from. Rather than the fiery dragon trying to defeat the local snake in the grass. Easy unsuspected picking at home.

        Killing off most of the 78% obese covid deaths, I'm for the medical saving,  they may deserve eating the wealthy toxic junk.

        What not cool, killing off 75% of the 80+ of total covid deaths. As they are coming for our social security.

        Deep throat,  follow the money.

    3. tsmog profile image78
      tsmogposted 13 months agoin reply to this

      Sticking to the questions first:

      Will these new COVID mandates cause more of a shortage of workers?

      Most definitely yes! On my local news here in San Diego it is a top story with a large percentage of police refusing to vaccinate. And, it is not just nationally it is global. I read several European newsletters daily and it is in the top stories today especially with the UK and Italy with protests to mandates. Europe could be said is ahead of us with the Green Pass Certificate, which will be used with workers.

      For additional info worth a skim is a Gallup Poll from August 2021 on the issue of worker sentiment, which is pretty much in my view divided.

      https://news.gallup.com/poll/353825/wor … favor.aspx

      Will this all end up tangled in multiple lawsuits?

      It already is ranging from the school issue to Federal workers to private enterprise to as you said State leaders against it.

      How could the new COVID mandates affect the problems at our shipping ports, and trucking industry, dock workers?

      Yes, it will affect both. And, as hinted earlier it is global. For instance in Italy this week doc workers protested regulation/mandate walking off the job for a day.

      Will the COVID mandates lead to higher inflation than we currently are experiencing?

      I am no Economics wizard. Most of the articles I have seen indicate Stagflation will occur. Something new for me to learn.

      1. Sharlee01 profile image83
        Sharlee01posted 13 months agoin reply to this

        You have really responded as I had hoped someone would. Straight forward, and shot an arrow and hit the bull's eye...   This problem has been brewing, and it would seem we are very behind other countries in handling it.

        It is my opinion that currently, we can not take a chance pushing these mandates. However, the mandates are now being implemented, and we are seeing people make the decision to leave their jobs in preference to being forced to be vaccinated.  It well appears all will get worse in regards to the economy.

        Here in Michigan we now have a nursing shortage, many have taken leaves or just resigned. The Hospital I retired from has asked retirees to consider coming back while they are in crisis and has brought in Filipino nurses to fill shortages. 
        https://www.detroitnews.com/story/news/ … 807660001/

        I don't think many are aware of what is truly accruing due to these forced vaccine mandates.  Much of what is going on is not being covered by the media.  And this White House just acts as if all is fine, "nothing to see here" kind of attitude.

        I think we are in for some very serious problems. It would seem common sense should dictate that --- at this time of worker crisis nothing I mean nothing should be done to cause more to leave their jobs. We have an abundance of unfilled jobs already. This White House creates problems and this administration has proven they have no aptitude to solve problems. They are just piling up.

        We just don't need or can we afford these mandates.

    4. Sharlee01 profile image83
      Sharlee01posted 13 months agoin reply to this

      Something to keep an eye on ---  Will the vaccine mandates affect the policing of our communities? With many of the larger cities in the US experiencing severe police shortages, will vaccine mandates have more walking out? Will mandates result in more crime, and us feeling less safe? It would seem vaccine mandates that OSHA's working with the government have now blanketed most workplaces.  This could truly lead to many societal problems.  Too many to mention...

      Seattle --  "The extent of the vaccine mandate on police staffing shortages won’t be known until after Monday’s deadline. Oct. 18 is the date Seattle, King County, and Washington State employees are required to submit proof of full vaccination, request an exemption, or face termination. "

      https://apnews.com/article/coronavirus- … c696e5cfa7

      1. tsmog profile image78
        tsmogposted 13 months agoin reply to this

        It will affect city/state/federal levels, period. Close to me is San Diego city, which I keep up with. In my city, Escondido, I don't know what the skinny is. For San Diego this Article shares the numbers for city employees for fully vaccinated, partially, and no response, which I presume more likely won't.

        On local TV they mention the police situation all the time. Who knows for the county sheriff's office or Calif Highways Patrol. The point being I think it will affect the general welfare of the community. San Diego Police have a shortage to begin with.

  2. lions44 profile image96
    lions44posted 13 months ago

    There is not a specific law that allows the federal government to issue vaccine mandates to the general population, but the federal government does have the authority to impose vaccine mandates (along w/other health-related mandates) based on 3 SCOTUS cases over the past 100+ years:

    1. Jacobson v. Massachusetts (1905)

    2. Zucht vs King (1922)

    3. Prince v. Massachusetts (1944) - Big religious liberty implications in this one.  A person's religion does not supersede public health concerns.  Highly  recommend a read of the decision.

    Plus, the interpretation of the OHSA Act from the 70s.

    1. Sharlee01 profile image83
      Sharlee01posted 13 months agoin reply to this

      Well so far looks like OSHA will stand behind the Federal government's wishes to add vaccine mandates in the workplace. We may see the medical field become badly understaffed due to mandates. here in Michigan, it is already evident. We are bringing in nurses from the Philippians. Many nurses have worked their butts off now for almost two years, and have avoided COVID. Now to face a vaccine mandate... They are just leaving to avoid being forced to take the vaccine. Many also got COVID and feel they carry immunity and are being forced for no real reason to get the vaccine. I bring this up only to further make my point and bring causation into the problem of our ever-shrinking workforce. ---   I feel it is a very poor decision at this point, with all the workforce problems to force mandates. Poor problem-solving...

      1. Castlepaloma profile image73
        Castlepalomaposted 13 months agoin reply to this

        My area is one of lowest covid deaths in the world. The restrictions has cause my industry to collapse. I can't get a side job because everyone has to be vaccinated. I stop dating women, for they require vaccinated guys and everywhere place is closed for eating, drinking and entertainment. No more swimming pool workouts will gain 19 pounds, still better than covid 19 vaccines.

        No more fast food service, all government employees also require vaccinated.
        Actually not a bad thing. Let the government die from the superspreader vaccines and their horrible jobs. Death by 78% covid obesity. Perfect dictatorship revenge. Reminds me when health organization called tobacco healthy,  that was native revenge.

 
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