OSHA to expand COVID mandate?

[JusticeHammer]

Fascism spreads fast.

 

[Nostra]

Your whining aside, tell us how it is the same to piss in a cup VS have someone inject a new drug into your body.

I'm guessing you can't.

Also, everyone knows before they go to work with a company if they require a drug test. The Dictator's mandates are after the fact.

pknopp has him a thumbsdown, and nothing else.

Typical Dimtard after getting exposed as an idiot.

Oooooh.............hoping for another of those dastardly thumbsdown from the idiot.

 

[OldFlame]

Bloomberg - Senate Republicans to Force Vote on Blocking Vaccine Mandate

 

[Fort Fun Indiana]

Govt can't make those requirements. Govt can not engage in requiring a company to discriminate against a group of people make their own decisions.

Of course they can. You can't decide to endanger your coworkers and break OSHA regulations. Or health department regulations. You don't get to make a choice that endangers others, if OSHA decides it.

 

[Couchpotato]

Of course they can. You can't decide to endanger your coworkers and break OSHA regulations. Or health department regulations. You don't get to make a choice that endangers others, if OSHA decides it.

Your honor I rest my case…….

 

[Fort Fun Indiana]

Your honor I rest my case…….

Well, if your case is what the government can do, then congrats.

 

[Couchpotato]

Well, if your case is what the government can do, then congrats.

My point is this is the danger of Congress handing over its power and responsibility to the executive

 

[Fort Fun Indiana]

My point is this is the danger of Congress handing over its power and responsibility to the executive

Ah, okay. Fair enough. Yes, we are definitely seeing more of that. And also a Senate that does virtually nothing. These things are not unrelated.

 

[Kondor3]

The Biden administration’s emergency COVID-19 vaccination requirement released today could be expanded in the future to employers who have fewer than 100 workers.

The emergency temporary standard, issued by the Labor Department’s Occupational Safety and Health Administration (OSHA) and scheduled to go into effect on Friday, is presented as only applying to firms that have 100 or more employees.

But OSHA is seeking public comments on that aspect of the standard, and it may be ultimately expanded to include smaller businesses, the agency said in the 490-page document.

https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

OSHA said it is “soliciting stakeholder comment and additional information to determine whether to adjust the scope of the ETS,” or emergency standard, “to address smaller employers in the future.”

The agency is seeking perspectives from employers, it indicated (pdf).

“OSHA seeks information about the ability of employers with fewer than 100 employees to implement COVID-19 vaccination and/or testing programs,” it said.

OSHA COVID-19 Vaccine Rule May Be Expanded to Small Businesses: Labor Department

www.theepochtimes.com

This isn't a done deal, they haven't done this yet, but I think they will. Interesting to see how the courts rule on this, does the federal gov't have the power to decide what is good for you against your own wishes?

Excellent.

The knuckle-dragging Anti-Vaxxers do NOT have to accept vaccination.

Conversely, their employers and their shopping places and public spaces do NOT have to accept the unvaccinated.

 

[tahuyaman]

The Biden administration’s emergency COVID-19 vaccination requirement released today could be expanded in the future to employers who have fewer than 100 workers.

The emergency temporary standard, issued by the Labor Department’s Occupational Safety and Health Administration (OSHA) and scheduled to go into effect on Friday, is presented as only applying to firms that have 100 or more employees.

But OSHA is seeking public comments on that aspect of the standard, and it may be ultimately expanded to include smaller businesses, the agency said in the 490-page document.

https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

OSHA said it is “soliciting stakeholder comment and additional information to determine whether to adjust the scope of the ETS,” or emergency standard, “to address smaller employers in the future.”

The agency is seeking perspectives from employers, it indicated (pdf).

“OSHA seeks information about the ability of employers with fewer than 100 employees to implement COVID-19 vaccination and/or testing programs,” it said.

OSHA COVID-19 Vaccine Rule May Be Expanded to Small Businesses: Labor Department

www.theepochtimes.com

This isn't a done deal, they haven't done this yet, but I think they will. Interesting to see how the courts rule on this, does the federal gov't have the power to decide what is good for you against your own wishes?

I’m sure several state governors will challenge this and probably win. This is legislating by fiat. This is obviously unconstitutional.

 

[Rigby5]

Of course they can. You can't decide to endanger your coworkers and break OSHA regulations. Or health department regulations. You don't get to make a choice that endangers others, if OSHA decides it.

Wrong.
Why are their lion tamers, daredevils, astronauts, stunt drivers, etc.?
It is because OSHA gets no say in what people do voluntarily.
OSHA only prevents employers from forcing you to do something you think is too dangerous.
If the employees and employers don't want to vaccinate, there is not a single thing OSHA can legally say about it.

 

[Pellinore]

No Constitutional authority for this.

My company isn't going to abide by it. Its not law, just another mandate that's not constitutional nor binding.

There hasn't been a challenge to the federal mandate. State and local mandates have been upheld going back a century, but there is no precedent in American history of the federal government pushing such a policy, nor nothing I can see in the Constitution that gives them the right to do so.

I suspect you are correct. I am glad they finally came out with it so it can now be challenged in court.

OSHA isn't a law making body. Its unconstitutional, no matter what the courts say.

These are just from the first page.

The Constitution gives Congress the right to make laws that regulate interstate commerce (Article I, Section 8, Clause 3).
Congress used that power to pass the Occupational Safety and Health Act in 1970 (signed by a GOP President).
That act established OSHA, and gave it the power to enact emergency measures, which this is.
Follow the path; there is the Constitutionality of this mandate.

But ...
It has to pass the inevitable court challenges, which could be:
1. "It's not an emergency."
2. "It's an undue burden on industry."
3. Something else out of left field.

I think it will pass, but these days, I underestimate nothing.

 

[Nostra]

Of course they can. You can't decide to endanger your coworkers and break OSHA regulations. Or health department regulations. You don't get to make a choice that endangers others, if OSHA decides it.

OSHA has no power to dictate anyone's personal medical choices.

 

[Pellinore]

No, only the ones that exceed the laws that the OSHA standards are based on. IOW, are they creating new rules that the laws did not intend. I'm no constitutional lawyer, but should this mandate allowed under the premise of an emergency? It's being ongoing for close to 2 years, so does that qualify as an emergency? My guess is no, but again what do I know?

That's a good question; it's probably the best chance of having it thrown out in court. Then again, all the White House lawyer has to say is that we thought we were past it last summer, too, and then suddenly we weren't. Who wants to go through that again?

 

[Pellinore]

No other OSHA standard requires employees taking a vaccine. OSHA can't just make shit up as they go.

Neither does this one. Employees have the option to get tested weekly, and wear a mask all the time.

 

[Nostra]

Neither does this one. Employees have the option to get tested weekly, and wear a mask all the time.

So you are good with the govt mandating gays be forced to take aids tests weekly to be employed?

 

[Pellinore]

Actually, the people will. Wait until '22 and '24 when the Communist-Democrats get their asses spanked at the ballot box.

I don't think it's too much to say that how this pans out will be one of the biggest, if not THE biggest, topics in the '22 Midterms. If it tanks ... yeah, you might have reason to celebrate.

 

[Flopper]

No Constitutional authority for this.

This is within OSHA's legal authority granted by the Occupational Safety and Health Act . There are at least 12 republicans states that will challenge the action. However, OSHA is acting under the emergency temporary standard (ETS) which gives the agency the to authority to mandate extraordinary health and safety requirements in an emergences. Certainly a health care emergency declare in January 2020 followed by a national emergency qualifies, both of which are still in effect.

 

[Nostra]

This is within OSHA's legal authority granted by the Occupational Safety and Health Act . There are at least 12 republicans states that will challenge the action. However, OSHA is acting under the emergency temporary standard (ETS) which gives the agency the to authority to mandate extraordinary health and safety requirements in an emergences. Certainly a health care emergency declare in January 2020 followed by a national emergency qualifies, both of which are still in effect.

Show us where OSHA can force medical procedures on Americans. Be specific and bring links.

 

[Rigby5]

These are just from the first page.

The Constitution gives Congress the right to make laws that regulate interstate commerce (Article I, Section 8, Clause 3).
Congress used that power to pass the Occupational Safety and Health Act in 1970 (signed by a GOP President).
That act established OSHA, and gave it the power to enact emergency measures, which this is.
Follow the path; there is the Constitutionality of this mandate.

But ...
It has to pass the inevitable court challenges, which could be:
1. "It's not an emergency."
2. "It's an undue burden on industry."
3. Something else out of left field.

I think it will pass, but these days, I underestimate nothing.

No, OSHA can't get its authority from the clause allowing Congress to regulate interstate commerce.
Very few jobs are related to interstate commerce, like construction for example.
And yet OSHA regulates construction more than just about anything.

OSHA actually gets it authorization from the 14th amendment, which makes it illegal to force people to do things that risk their life, against their will.

But this OSHA regulation Biden is proposing is the exact opposite, in that it is not protecting employees against abusive employers, but is trying to force employers to be abusive to employees.
That can never be legal.
OSHA can't force people to not do something they want to do.
That is ridiculous.