Posted on December 9th, 2021
Find below a complete transcript of this video.
What’s up fellow entrepreneurs. It’s John Fagerholm again, and today I want to talk about the status of OSHA’s vaccination mandates for employers with 100 employees or more, but first I’m an attorney, but I’m not your attorney. So please seek out competent legal advice for your specific legal matter.
On November 4th, OSHA released its highly anticipated emergency temporary standard. This order implemented president Biden’s executive order from early September requiring unvaccinated employees of large employers to be fully vaccinated or receive weekly COVID 19 testing.
However, the fifth circuit of appeals put an emergency temporary hold on the mandate. And within days the court issued escaping 22 page opinion, ordering a permanent injunction on the mandate. OSHA has since halted the mandates, but they’re still in place for federal employees.
This fight is expected to go to the Supreme court. And if by any chance, the Supreme court were to rule the mandate.
Constitutional OSHA again would have the power to enforce its mandates. So the gist of OSHA’s order was that employers with a hundred or more employees must develop and enforce written safety policies that require either one mandatory vaccination for all employees, abstinent and exception for medical conditions or religious beliefs, or to forego mandatory vaccination and require all unvaccinated employees to wear a face coverings and provide weekly negative COVID-19 results.
The requirements included determining the vaccination status of all employees, mandatory face coverings for un-vaccinated employees, paid vacation, leave record-keeping reporting requirements and informing employees of the employer’s policies and procedures.
An avalanche of losses were filed challenging OSHA’s ability to create and enforce the order immediately after its release the litigation hinged on whether COVID-19 still poses a grave enough danger to employees as required for OSHA’s authority to engage in emergency rulemaking.
The fifth circuit panel temporarily froze the rule on November 7th, citing grape statutory and constitutional issues with the regulations before ruling that OSHA did not have the power to implement such broad mandates among many other issues related to the mandate.
Similar cases have also been filed in different federal circuits across the country. Now the US department of labor will likely appeal as it currently stands, but is blocked from enforcing the order permanently. Alright, so that is everything so far with OSHA’S vaccine mandates.
So what do you guys think is a force mandate necessary for the safety of the public or is this obvious overreach and clear violations of civil rights?
And how do you think the Supreme court will eventually rule? I don’t know.
Until next time be productive.
