(Jonathan Davis) The newly issued rule from the Occupational Safety and Health Administration (OSHA) requiring private companies with 100 or more employees to develop a COVID-19 vaccine mandate for employees as well as an ongoing testing program will come with an enforcement mechanism, according to reports.
Related MI: Hundreds Of GM Workers Protest COVID Vaccine Mandate In Front Of GM Tech Center [VIDEO]
by Jonathan Davis, November 4th, 2021
Earlier Thursday, OSHA issued the new rule following President Biden’s announcement in September he had signed an executive order outlining the employer vaccine mandate.
OSHA “announced the final version of the new rule on Thursday morning, which will impact more than 80 million workers at companies nationwide with at least 100 employees,” the Daily Mail reported.
“Workers who fall under Biden’s order will need to receive their final dose – or only dose of the Johnson & Johnson vaccine – by January 4 of the new year, the official said. After that date, employers will need to implement at least weekly COVID-19 testing for those who aren’t fully vaccinated,” the outlet continued, adding:
Enforcement of the rule, an official said on a background call Wednesday evening, will be just as that of any other rule, which includes inspections to check for compliance.
Red states are likely to rebuke the new rule, and it is currently unclear how the federal government will grapple with that if they try not to comply.
“OSHA, which polices workplace safety for the Labor Department, will provide sample implementation plans and fact sheets among other materials to help companies adopt the new rules,” CNBC reported.
“OSHA will also conduct on-site workplace inspections to make sure companies comply with the rules, a senior administration official said. Penalties for noncompliance can range from $13,653 per serious violation to $136,532 if a company willfully violates the rules,” the report added.
“The vaccine mandate, which covers 84 million people employed in the private sector, represents the most expansive use of federal power to protect workers from Covid-19 since the virus was declared a pandemic in March 2020,” it continued.
“Biden’s vaccine mandate for large employers begins Jan 4, with hefty fines for noncompliance,” Disclose reported. “OSHA plans to send out agents to check that workplaces are in compliance with the rule. For willful violations, a company can be fined up to $136,532. The standard penalty is $13,653 for a single violation.”
After the OSHA rule dropped, Republicans and conservatives ripped the administration and vowed to fight the mandate in court.
“Our economy is crumbling, and President Biden is doing everything in his power to make it worse,” Sen. Marsha Blackburn, R-Tenn., said in a statement.
“While businesses scramble to fill the 10.4 million open jobs in our country, Biden’s vaccine mandate will push even more Americans out of the workforce,” she added.
She noted further in a tweet: “Joe Biden is firing essential workers.”
GOP Rep. Jody Hice of Georgia told the Daily Mail: “No American should be forced to choose between putting food on their tables or receiving a vaccine.”
“Enough is enough,” added Rep. Andy Biggs, R-Ariz.
“Since day one of the Biden Administration, federal agencies, like OSHA, have been weaponized against the American people,” he told the outlet.
In a tweet, Daily Wire founder Ben Shapiro, himself a Harvard-educated attorney, said his company was immediately filing suit against the mandate, which he called “authoritarian bulls**t.”
We will fight this authoritarian bullshit. We have already filed a federal lawsuit this morning. https://t.co/nkkYQYuCPh
— Ben Shapiro (@benshapiro) November 4, 2021
The Daily Wire’s Matt Walsh chimed in as well.
Biden's tyrannical vaccine mandate goes into effect on January 4th. We're fighting back at the Daily Wire. We made a difference in Virginia and we can win here too. Lawsuit was filed this morning. You can talk all you want but it means nothing if you still comply. We won't.
— Matt Walsh (@MattWalshBlog) November 4, 2021
Two dozen state attorneys general earlier vowed to fight the mandate in court as well.
“This will further strain an already-too-tight labor market, burdening companies and (therefore) threatening the jobs of even those who have received a vaccine,” a letter sent to Biden by the attorneys general following his announcement said.
“Your edict is also illegal,” the letter adds. “You propose to enforce your mandate through the rarely used emergency temporary standard provision in the OSH Act. According to the Congressional Research Service, the Department has attempted to adopt an emergency temporary standard only one other time since 1983 (and that one exception came in June of this year and is being challenged). An emergency temporary standard does not have to go through notice and comment and can be made effective immediately upon publication.
“Because of this lack of process and oversight, courts have viewed these standards with suspicion. Between 1971 and 1983, the Occupational Safety and Health Administration (OSHA) issued nine emergency temporary standards. Of those, six were challenged. The courts fully vacated or stayed the standards in four cases, partially stayed the standards in another, and upheld only one of the six,” the letter continued.
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Source:
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Jilly P. says
My dudes, Go read some of what’s in this “mandate.” It’s SUCH smoke and mirrors. First, it exempts remote employees and those that work outside. That’s pretty major. But, what’s even crazier is the fake news spouting about the fines and the like. Yeah, they are in there. But so is THIS. (There really isn’t a mandate. Again, smoke and mirrors. Typical deep state bullshit.)
“In keeping with this traditional practice, the agency has stopped short of including
a strict vaccination mandate with no alternative compliance option in this ETS. OSHA
has never done so, and if it were to take that step, OSHA believes it more prudent to do
so where the agency has ample time to fully assess the potential ramifications of
imposing a vaccination mandate on covered employers and employees. Here, exigent
circumstances demand that OSHA take immediate action to protect workers from the
grave danger posed by COVID-19, but OSHA has not had a full opportunity to study the
potential spectrum of impacts on employers and employees, including the economic and
health impacts, that would occur if OSHA imposed a strict vaccination mandate with no
alternative compliance option. Moreover, employers in their unique workplace settings
may be best situated to understand their workforce and the strategies that will maximize
worker protection while minimizing workplace disruptions. These considerations
persuade the agency that this ETS should afford employers some flexibility in the form of
an alternative option to strictly mandating vaccination. In light of the unique and grave
danger posed by COVID-19, OSHA has requested comment on whether a strict
vaccination mandate is warranted and the agency will consider all the information it
receives as it determines how to proceed with this rulemaking (see Request for Comment,
Section I.B. of this preamble).”
https://www.federalregister.gov/documents/2021/11/05/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard
Much love, JillyBeanTukee