{"id":5000,"date":"2021-11-05T15:55:59","date_gmt":"2021-11-05T19:55:59","guid":{"rendered":"https:\/\/jordanbarab.com\/confinedspace\/?p=5000"},"modified":"2021-11-05T16:49:08","modified_gmt":"2021-11-05T20:49:08","slug":"mixed-response-to-osha-vaccine-or-test-rule","status":"publish","type":"post","link":"https:\/\/jordanbarab.com\/confinedspace\/2021\/11\/05\/mixed-response-to-osha-vaccine-or-test-rule\/","title":{"rendered":"Mixed Response to OSHA Vaccine-or-Test Rule"},"content":{"rendered":"

Yesterday federal OSHA issued<\/a> its long anticipated Vaccine-or-Test Emergency Temporary Standard that requires all private sector employees in companies with more than 100 employees to either be vaccinated against COVID-19 or undergo weekly testing.\u00a0 As expected<\/a>, the OSHA standard has generated quite a bit of controversy.<\/p>\n

Many Republican Governors are predictably opposing the new standard.<\/p>\n

In Florida, Attorney General Ashley Moody said it will challenge the emergency vaccine rule. “I will take swift legal action to stop this unprecedented overreach by the federal government — to protect Florida and our workers from the unlawful edicts emanating from President Biden and his handlers. The President does not have the power to force health policy through a workplace safety department,” Moody said in a press release Thursday….\u00a0 directed state agencies to notify the governor’s office and state attorney general if they receive any directives from the Biden administration on requiring Covid-19 vaccinations. Separately, Indiana joined Louisiana and Mississippi in a lawsuit filed in US district court on Thursday for “injunctive relief” against the mandate, according to court documents.<\/div>\n

South Carolina Governor Henry McMaster called vaccine mandates from the White House \u201cblatantly unconstitutional\u201d and said on Twitter they \u201care forcing South Carolinians to choose between a vaccine and their jobs.\u201d McMaster issued an Executive Order<\/a>, prohibiting all 19 state agencies that make up his cabinet from requiring employees to receive the COVID-19 vaccine.\u00a0 This should be interesting. South Carolina (along with 26 other states, including Indiana), runs its own OSHA state plan, which are required to be “at least as effective” as the federal program, adopt federal standards, and cover public employees<\/em> — including the 19 state agencies that make up the his cabinet.<\/p>\n

The federal government has already threatened to revoke<\/a> the OSHA state plans of states that refused to adopt OSHA’s June emergency temporary standard that covers health care workers.<\/p>\n

One of those states was South Carolina. Another was Arizona which seems to be heading down the road to perdition yet again. A statement<\/a> from the Industrial Commission of Arizona declared yesterday that<\/p>\n

Under Arizona\u2019s long-approved state-plan procedures, the Industrial Commission has exclusive authority to decide if, when, and to what extent the State of Arizona will adopt the OSHA vaccination ETS.\u00a0The Industrial Commission has diligently followed these approved procedures without issue for 47 years and will follow them as it reviews the 490-page OSHA vaccination ETS publication that OSHA only revealed today.\u00a0Until such time that the Industrial Commission takes formal action to adopt all or part of the vaccination ETS, however, the temporary standards are not binding or enforceable against Arizona\u2019s private and public sector employers and employees.<\/p>\n

Actually, none of that is true. Arizona is required to adopt the OSHA standard (or a standard that’s at least as effective) by December 5. (Nor has Arizona “diligently followed<\/a> approved procedures” for 47 years.) Someone in Arizona government might want to do a more thorough reading about the rules government OSHA state plan states in Occupational Safety and Health Act and it’s accompanying regulations.<\/p>\n

Meanwhile, three dozen Senate Republicans are planning to introduce a Congressional Review Act resolution<\/a>\u00a0to formally disapprove and nullify the standard. (This needs a majority in both Houses and will therefore go nowhere.)<\/p>\n

Workers Support Vaccine Mandates<\/h2>\n

Despite Republican politicians’ claims that the OSHA standard is illegal, unconstitutional and will lead to\u00a0 mass resignations, the majority of American workers support<\/a> vaccine mandates, whether from employers or government:<\/p>\n