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.
Well the company can ensure your physical fitness to perform your duties. Some jobs do have routine physical exams.
I was personally legally advised that we can send employees home who are displaying symptoms associated with Covid and their return would be a time thing or a negative Covid test. So disease policy is already in the workplace. I believe that was under ADA emergency guidance- it’s been a while since this started.
After this rule, testing for Covid or proof of vaccination will be required in many workplaces. Like I said I difference between a rule or law in a court.
I’m not sure we will ever actually see a fine but yes, there is always appeals to fines and sanctions from the government so I would expect no difference.
Well Delta or United one of them just recently announced all unvaccinated employees will be put on unpaid leave next month - and those are persons with bona fide exemptions. So as far as who can and cannot work that’s much more strict than a testing alternative.
So, again you state the vaccine cannot be mandated by the government and I contend, the legal argument is it’s not. Vaccination is an alternative to a testing mandate - which is certainly allowed.
I can see the argument that the rule is impossible to implement or too costly, etc. There in my opinion is where the weakness is and where I think you have a point about subverting the rule making process.
Hey, I can go with this stuff all day but I know you as a being thoughtful. Let’s just disagree on this.