(Ramon Tomey) The Occupational Safety and Health Administration (OSHA) has given private companies with more than 100 employees until Jan. 4, 2022 to comply with federal vaccine mandates. It gave the deadline by means of an emergency temporary standard (ETS) issued on Nov. 4.
by Ramon Tomey, November 10th, 2021
The OSHA document said that “covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy.” It, however, provided an exception for companies that adopt policies “requiring employees to either get vaccinated or undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.”
Interestingly, the document did not provide any exemptions based on natural immunity developed from a previous COVID-19 infection. According to OSHA, “immunity acquired through infection appears to be less protective than vaccination.”
While the document cited a number of studies highlighting natural immunity, it proceeded to slam these as having “methodological limitations that render them inconclusive above the level of immunity conferred by infection.”
The ETS mandated employers to “determine the vaccination status of each employee,” requiring workers to “provide an acceptable proof of vaccination status whether they are fully or partially vaccinated.” Companies were also ordered to maintain records of their employees’ vaccination status, to be preserved while the ETS is in effect.
However, the requirements outlined in the ETS do not apply to employees who do not report to a workplace where other individuals are present, are working from home or are working exclusively outdoors.
A report by the Hill said OSHA is planning to conduct inspections to ensure employers comply with the COVID-19 rules. The plan involves agents going into workplaces to check if companies are adhering to the guidelines. Firms who commit “willful violations” as defined by OSHA can be slapped a $135,632 fine, the report added.
A senior Biden administration official said: “Keep in mind that the OSHA rule coming out is not a mandate for a vaccine. Employers can put in a mandatory vaccination program – or there’s the other route of vaccination for those who choose to, and testing and masks for those other employees that don’t.”
The official pointed out that the ETS will save thousands of lives and prevent over 250,000 hospitalizations during the six-month period following its implementation.
Officials push back against the mandate
However, several officials have expressed opposition against the vaccine mandate – with some announcing their intent to file lawsuits against it. Texas Gov. Greg Abbott and Florida Gov. Ron DeSantis, both Republicans, vowed to fight the vaccine mandate in court.
South Dakota Gov. Kristi Noem, another GOP governor, announced her participation in the fight against the vaccine mandate. She tweeted that her state will be a co-plaintiff in it: “We are joining a lawsuit against, the Biden administration’s unconstitutional vaccine mandates.”
Rep. Virginia Foxx (R-NC) released a statement on Nov. 4 slamming the federal government’s plan to “control every aspect of American workers’ and business owners’ lives.” She warned that President Joe Biden’s coercive mandate will create substantial uncertainty, outrageous costs and unforeseen liabilities. “Playing Russian roulette with Americans’ freedoms will not end well,” Foxx said.
Two attorneys general also announced their intent to sue the Biden administration over the mandate. Texas Attorney General (AG) Ken Paxton tweeted: “Biden just announced his plan to wield OSHA to mandate vaccines on private business. I’m announcing my plan to sue him once this illegal, unconstitutional regulation hits the Federal Register. Here comes another winning Texas v. Biden lawsuit.”
Meanwhile, Missouri AG Eric Schmitt said that the ETS issued by OSHA “reads like the manifesto of a mad tyrant.” He continued in a tweet: “We’ve always known forced masking isn’t about science – it’s about power [and] control. [Now], the Biden administration wants it to be a federal punishment for choosing not to get vaccinated.”
Because of this, Schmitt announced on Nov. 4 that he will file a lawsuit against the administration over the vaccine mandate. “We will be on file to halt this illegal, unconstitutional attempt by the Biden administration and the federal government to impose their will on thousands of Missouri businesses and millions of Missourians. Missouri will not roll over, we will not back down. We will file suit imminently,” the state’s attorney general said in a statement.
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