Who knows, maybe the Biden administration will have a different argument in court but I know legally the government can use existing powers to coerce outcomes. For example a tax as a “mandate” or highway funds tied to seatbelt laws. It’s a core principle of our governments legal powers.
So the difference I see between DeSantis forbidding vaccination requirements and OSHA effectively mandating vaccination requirements is a matter of public health, or in this case occupation health and safety. The government certainly can act in the interest of health and safety in the workplace but can a state use its powers as a deterrent of good health practices, I doubt it. This seems pretty easy for me to determine as an inherent power to protect workers.
As to customers and requirements for vaccines from a private business standpoint that’s easy too, of course they can. It’s their property. Now from the government standpoint, I honestly don’t know how to do that without a law. I’m not sure of any laws on the books or regulating powers that exist that can be used. But I was surprised with the route the Biden administration took with this OSHA stuff so I could be further surprised. I think it was Shakespeare who wrote we must never be beyond surprise.
But like I said, my opinion is this is going to clear the courts in a few ways and I have no doubt there will be hiccups because there’s always exceptions to the rule and law suits are targeted toward sympathetic judge. It’s just a matter of time before we will all find out.
We will see but OSHA are government and industry wide safety regulations that are applied through OSHA's authorized rule making authority. They also come from industry wide standarized safety measures that were actually put out to the public for comment and expert input before coming to final agreement on generally accepted safety standards. ALSO... they are applied equally to all businesses.
You keep using OSHA as your example and the 30,000 foot level comment that the government can regulate safety measures. But you keep ignoring what I am literally saying to you when you come down from the cloud level analysis.
OSHA puts forth health and safety measures through thoroughly vetted rule making procedures afforded due process under staturoty authorizations. The DoL putting out an emergency order requiring private employers to mandate vaccines for all employees or weekly testing is NOT the same thing.
Here are the main points to challenge this action
- the vaccine is not required by law so the DoL EA is putting an excessive burden on employers in who they can or cannot hire or maintain on their payroll based on their health decision made outside the office. As an employer I cannot go make you see your doctor but I can require safety measures due to covid. Private employers can make this choice themselves IF THEY WANT but government is crossing the line by mandating in such an arbitrary way.
- the EA arbitrarily uses 100 employees as a cut off which serves no meaningful purpose for the reduction of COVID cases. COVID can spread in businesses of 4 employees the same as it can in 4000 employees so larger companies are being discriminated against while smaller business are free to choose how they manage their employees. This further proves that the vaccine cannot be mandated by federal law to private citizens because it is not being applied equally to all businesses.
- the fines impose a penalty without due process not to mention a company of 101 employees can be fined considerabley while a company of 99 employees with no mandates can be free from any restrictions.
- If you are not vaccinated it is recommended you socially distance, mask up and if at risk stay away from crowds. If the CDC has recommended unvaxxed wear masks and social distance then there are options for those that are unvaxxed. the federl government now wants to say that despite the CDC we now will prohibit you from working or going in public.