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The OSHA vax mandate does not have Jurisdiction over Louisiana state employees.
Posted on 11/4/21 at 12:20 pm
Posted on 11/4/21 at 12:20 pm
I didnt realize that Louisiana was one of the states where the OSHA mandate wont have the ability to force state employees to follow it.
Federal vaccine mandate wont extend to state employees
Last week, Biden signed two executive orders that will require millions of people to get COVID vaccines as a condition of their employment. One applies to federal contractors and the other to federal employees. Biden also announced that he has ordered the federal Occupational Safety and Health Administration — the regulatory agency that enforces federal workplace safety standards — to develop a rule requiring workplaces with more than 100 employees to require vaccinations or weekly tests. Though many local and state governments, including school districts, meet that qualification, state and local governments in Louisiana, along with more than 20 other states, will not have to follow the rule.
That’s because OSHA doesn’t have automatic jurisdiction over state and local public employers. The federal Occupational Safety and Health Act specifically excludes them. (It also excludes the federal government, though a separate section of the law allows the agency to inspect federal workplace conditions. And federal employees are covered by Biden’s executive order on vaccines.) However, 26 states and two U.S. territories have opted into OSHA coverage by adopting state OSHA plans, which are overseen by the federal agency.
A spokesperson for the U.S. Department of Labor, of which OSHA is a part, confirmed that those states will fall under the vaccine rule, called an Emergency Temporary Standard, or ETS.
Along with private sector employees, “The ETS will also apply to public sector state and local government workers, including educators and school staff, in the 26 states and two territories with a state OSHA plan,” OSHA spokeswoman Denisha Braxton told The Lens in an email this week.
Louisiana, however, isn’t one of those states.
Is JBE going to try and change this?
Federal vaccine mandate wont extend to state employees
Last week, Biden signed two executive orders that will require millions of people to get COVID vaccines as a condition of their employment. One applies to federal contractors and the other to federal employees. Biden also announced that he has ordered the federal Occupational Safety and Health Administration — the regulatory agency that enforces federal workplace safety standards — to develop a rule requiring workplaces with more than 100 employees to require vaccinations or weekly tests. Though many local and state governments, including school districts, meet that qualification, state and local governments in Louisiana, along with more than 20 other states, will not have to follow the rule.
That’s because OSHA doesn’t have automatic jurisdiction over state and local public employers. The federal Occupational Safety and Health Act specifically excludes them. (It also excludes the federal government, though a separate section of the law allows the agency to inspect federal workplace conditions. And federal employees are covered by Biden’s executive order on vaccines.) However, 26 states and two U.S. territories have opted into OSHA coverage by adopting state OSHA plans, which are overseen by the federal agency.
A spokesperson for the U.S. Department of Labor, of which OSHA is a part, confirmed that those states will fall under the vaccine rule, called an Emergency Temporary Standard, or ETS.
Along with private sector employees, “The ETS will also apply to public sector state and local government workers, including educators and school staff, in the 26 states and two territories with a state OSHA plan,” OSHA spokeswoman Denisha Braxton told The Lens in an email this week.
Louisiana, however, isn’t one of those states.
Is JBE going to try and change this?
This post was edited on 11/4/21 at 12:34 pm
Posted on 11/4/21 at 12:24 pm to WHS
quote:Does this apply to Alabama?
Though many local and state governments, including school districts, meet that qualification, state and local governments in Louisiana, along with more than 20 other states, will not have to follow the rule.
Posted on 11/4/21 at 12:29 pm to TTsTowel
quote:
Does this apply to Alabama?
I am not sure?
Posted on 11/4/21 at 12:39 pm to TTsTowel
Posted on 11/4/21 at 1:12 pm to Tiger_n_Texas
Here's the link for Tennessee: https://www.osha.gov/stateplans/tn
Tennessee operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers.
Louisiana:
Louisiana is under federal OSHA jurisdiction which covers most private sector workers within the state. State and local government workers are not covered by federal OSHA.
Tennessee operates an OSHA-approved State Plan covering most private sector workers and all state and local government workers.
Louisiana:
Louisiana is under federal OSHA jurisdiction which covers most private sector workers within the state. State and local government workers are not covered by federal OSHA.
Posted on 11/4/21 at 2:02 pm to WHS
So
quote:are exempt but not the private sector?
Louisiana state employees
Posted on 11/4/21 at 2:03 pm to WHS
JBE will try to force the issue on business. id bet
This post was edited on 11/4/21 at 2:06 pm
Posted on 11/4/21 at 2:08 pm to Pezzo
quote:
JBE will try to force the issue on business. id bet
I hope not
Posted on 11/4/21 at 2:24 pm to WHS
Our company mandate for some reason excludes employees in Montana....not sure why?
Posted on 11/4/21 at 2:50 pm to Bass Tiger
This is another reason it is all bs. IF it was so important and such a health crisis, why limit it to 100 employees, why have exclusions of ANYONE. It is just a political number they want to reach and it is all bs.
Posted on 11/4/21 at 3:48 pm to Alley
quote:
State and local government workers are not covered by federal OSHA.
Hey Brandon...
Posted on 11/4/21 at 4:58 pm to WHS
If they mandate it on the Postal workers we're never getting our mail again
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