People need to perform their due diligence on the OSHA approach that would impact employers with 100+ employees.
https://www.osha.gov/laws-regs/standards-development#:~:text=Then, OSHA publishes the emergency temporary standard in,final ruling should be made within six months.
Per that information:
Emergency Temporary Standards
Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately and are in effect until superseded by a permanent standard. OSHA must determine that workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them. Then, OSHA publishes the emergency temporary standard in the Federal Register, where it also serves as a proposed permanent standard. It is then subject to the usual procedure for adopting a permanent standard except that a final ruling should be made within six months. The validity of an emergency temporary standard may be challenged in an appropriate U.S. Court of Appeals.
Appealing a Standard
No decision on a permanent standard is ever reached without due consideration of the arguments and data received from the public in written submissions and at hearings. Any person who may be adversely affected by a final or emergency standard, however, may file a petition (no later than the 59th day after the rule's promulgation) for judicial review of the standard with the U.S. Court of Appeals for the circuit in which the objector lives or has his or her principal place of business. Filing an appeals petition, however, will not delay the enforcement of a standard, unless the Court of Appeals specifically orders it.
That clearly opens the door for legal challenges through the US Court of Appeals. It also means EVERYONE who really gives a $#!@ about this issue needs to do their part by speaking out at any Public Hearings. If your local Reps are worth a $#!@ they had also better get onboard with those efforts, and you should let them know that if they don't that you will votes their asses out of office in November!
State's rights are also going to become a legal issue here. Case in point FL has a law that says that no one can ask about your vaccination status. An employer is then placed in a no win situation, they will have to violate state law to try and comply with the OSHA mandate. (time to move to FL!)
I say this issue is going to ultimately go no where quick, and it is really a big bluff in the hopes that people will cave in get the jab.
IMHO, this will only really go somewhere if employers are willing to voluntarily pull the trigger on enforcement. That will only fly until someone cleans their clock with a legal case.
There is a LOT of GREAT information on this issue in this article, PLEASE check it out!
https://oshadefensereport.com/2021/...rary-standard-setting-a-soft-vaccine-mandate/
*NOTE - the last Emergency Temporary Standard related to COVID and Healthcare workers took OSHA 16 weeks to publish. They think this one will take longer.
*ALSO NOTE - LABOR UNIONS are a huge motivator for all of this $#!@ in the workplace! They were also a major backer of Biden!!! Think about that when you are paying your union dues and have an opportunity to speak to your union leadership!!!!!
There is a way to fight all of this, if people choose to make a stand!
https://www.osha.gov/laws-regs/standards-development#:~:text=Then, OSHA publishes the emergency temporary standard in,final ruling should be made within six months.
Per that information:
Emergency Temporary Standards
Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately and are in effect until superseded by a permanent standard. OSHA must determine that workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them. Then, OSHA publishes the emergency temporary standard in the Federal Register, where it also serves as a proposed permanent standard. It is then subject to the usual procedure for adopting a permanent standard except that a final ruling should be made within six months. The validity of an emergency temporary standard may be challenged in an appropriate U.S. Court of Appeals.
Appealing a Standard
No decision on a permanent standard is ever reached without due consideration of the arguments and data received from the public in written submissions and at hearings. Any person who may be adversely affected by a final or emergency standard, however, may file a petition (no later than the 59th day after the rule's promulgation) for judicial review of the standard with the U.S. Court of Appeals for the circuit in which the objector lives or has his or her principal place of business. Filing an appeals petition, however, will not delay the enforcement of a standard, unless the Court of Appeals specifically orders it.
That clearly opens the door for legal challenges through the US Court of Appeals. It also means EVERYONE who really gives a $#!@ about this issue needs to do their part by speaking out at any Public Hearings. If your local Reps are worth a $#!@ they had also better get onboard with those efforts, and you should let them know that if they don't that you will votes their asses out of office in November!
State's rights are also going to become a legal issue here. Case in point FL has a law that says that no one can ask about your vaccination status. An employer is then placed in a no win situation, they will have to violate state law to try and comply with the OSHA mandate. (time to move to FL!)
I say this issue is going to ultimately go no where quick, and it is really a big bluff in the hopes that people will cave in get the jab.
IMHO, this will only really go somewhere if employers are willing to voluntarily pull the trigger on enforcement. That will only fly until someone cleans their clock with a legal case.
There is a LOT of GREAT information on this issue in this article, PLEASE check it out!
https://oshadefensereport.com/2021/...rary-standard-setting-a-soft-vaccine-mandate/
*NOTE - the last Emergency Temporary Standard related to COVID and Healthcare workers took OSHA 16 weeks to publish. They think this one will take longer.
*ALSO NOTE - LABOR UNIONS are a huge motivator for all of this $#!@ in the workplace! They were also a major backer of Biden!!! Think about that when you are paying your union dues and have an opportunity to speak to your union leadership!!!!!
There is a way to fight all of this, if people choose to make a stand!
