- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
OSHA Mandate Related - Just got out of a large industry group meeting
Posted on 11/8/21 at 4:53 pm
Posted on 11/8/21 at 4:53 pm
This industry meeting was led by OSHA subject matter expert attorneys that assist these large industry leaders with navigating the legal waters of OSHA regulations.
They basically went over every piece of the new mandate, and covered just about everything you could imagine in the discussions regarding each piece of it.
Without going into extreme detail, and not to the surprise of many here, they basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward. They also suggested that the fifth circuit stay was going to be extremely temporary, to end even as soon as Friday. Also, as we were in the call, someone in the group had received OSHA's response to the 5th circuit challenges, and it was basically reminding the fifth circuit that because so many suits have been filed that there is a lottery system for these federal court cases. It was essentially a challenge to the fifth circuit and daring them to move forward with any sort of ruling on the stay.
Anyway, just wanted to pass this along as I found it very interesting to kind of get an insider's view of how industry thinks this will ultimately end up.
They basically went over every piece of the new mandate, and covered just about everything you could imagine in the discussions regarding each piece of it.
Without going into extreme detail, and not to the surprise of many here, they basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward. They also suggested that the fifth circuit stay was going to be extremely temporary, to end even as soon as Friday. Also, as we were in the call, someone in the group had received OSHA's response to the 5th circuit challenges, and it was basically reminding the fifth circuit that because so many suits have been filed that there is a lottery system for these federal court cases. It was essentially a challenge to the fifth circuit and daring them to move forward with any sort of ruling on the stay.
Anyway, just wanted to pass this along as I found it very interesting to kind of get an insider's view of how industry thinks this will ultimately end up.
This post was edited on 11/8/21 at 5:17 pm
29
Posted on 11/8/21 at 4:56 pm to Oates Mustache
The pandoras box of control being opened should this be upheld will be life altering.
There will be No one left untouched and there will be no going back.
There will be No one left untouched and there will be no going back.
Posted on 11/8/21 at 5:00 pm to Oates Mustache
They hope osha prevails.
More work for them
More work for them
Posted on 11/8/21 at 5:02 pm to Oates Mustache
quote:
Also, as we were in the call, someone in the group had received OSHA's response to the 5th circuit challenges, and it was basically reminding the fifth circuit that because so many suits have been filed that there is a lottery system for these federal court cases. It was essentially a challenge to the fifth circuit and daring them to move forward with any sort of ruling on the stay.
Lol frick them dudes, Dems showed us we can get a TRO from any judge anywhere anytime. frick them dudes.
Posted on 11/8/21 at 5:04 pm to Meauxjeaux
quote:
Lol frick them dudes, Dems showed us we can get a TRO from any judge anywhere anytime. frick them dudes.
So they actually mentioned this too. It basically said that the 5th circuit stay was limited to that geographical region covered by the 5th circuit. Isn't it amazing how that works now?
No nationwide stays anymore.
Posted on 11/8/21 at 5:08 pm to Oates Mustache
Did they explain or give any details on the scope of the requirement to proctor each Covid test? Do you need just anybody breathing off the street to perform that task or is there a certification required?
This post was edited on 11/8/21 at 7:23 pm
Posted on 11/8/21 at 5:08 pm to Oates Mustache
One thing to consider is that emergency rules are temporary, so the EST for private employers will expire in 6 months. After that, it would have to go through the normal administrative procedures, and it could always be undone by act of Congress. With the filibuster still in place--which I am fine with--it is hard to imagine any such legislation passing. however, the rule could be undone by administrative action if GOP wins presidency in 2024.
Posted on 11/8/21 at 5:16 pm to Oates Mustache
quote:
Without going into extreme detail, and not to the surprise of many here, they basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward
Thanks for the insight.
Pandora's box won't end well for OSHA or the Dems.
Now try to enforce your mandates OSHA.
Posted on 11/8/21 at 5:18 pm to N.O. via West-Cal
I have been in similar meetings. They, OSHA do not really have the power to enforce these "rules / regulations", in the long run.
This post was edited on 11/8/21 at 5:24 pm
Posted on 11/8/21 at 5:19 pm to Oates Mustache
quote:
OSHA will prevail and this will be the new norm going forward.
Not gonna happen. I’m pretty doomer on the courts and just about anything at this point but this is one of the most historic overreaches of federal power in American history and if a 6-3 GOP court upholds it we are totally finished.
Posted on 11/8/21 at 5:20 pm to jrenton
quote:
Do you need just anybody breathing off the street to perform that task or is there a certification required?
They basically suggested that employers that go this route would need to research a set up that uses telemedicine as the proctor model. It didn't explicitly say they had to, it was a suggestion. Lots of reps commented on how expensive this would be, and if the cost could be passed on to employees.
Posted on 11/8/21 at 5:22 pm to Oates Mustache
Tell those OSHA figs to meet me at Sonic.
When we retake power, I seriously want to arrest all these scum on trumped up charges. They are terrorists and need to be taught a lesson.
When we retake power, I seriously want to arrest all these scum on trumped up charges. They are terrorists and need to be taught a lesson.
Posted on 11/8/21 at 5:24 pm to jrenton
quote:
Did they explain or give any details on the scope of the requirement to proctor each exam? Do you need just anybody breathing off the street to perform that task or is there a certification required?
What exam are you referring to?
Posted on 11/8/21 at 5:25 pm to Lightning
He's talking about the testing option for employees that don't want to take the vaccine.
Posted on 11/8/21 at 5:31 pm to Oates Mustache
quote:
Without going into extreme detail, and not to the surprise of many here, they basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward.
I'm actually surprised by that. I didn't think this will survive legal challenges and then Biden can claim he did his best to stop the pandemic.
This post was edited on 11/8/21 at 5:32 pm
Posted on 11/8/21 at 5:33 pm to Bunk Moreland
To be fair, there was definitely some good arguing on both sides (as attorneys often do). But they believe that the use of the general duty clause and it's power will carry it over the finish line.
Posted on 11/8/21 at 5:34 pm to Oates Mustache
quote:Your large industry group needs new "expert" attorneys.
hey basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward.
If they want to argue that there is a chance OSHA could prevail and if it did, the price could be high, that would make sense. But even in that circumstance, OSHA lacks resources to enforce the mandate for the foreseeable future.
Posted on 11/8/21 at 5:37 pm to Oates Mustache
So, are you pulling for the government tyrants or for the old Free Republic?
Posted on 11/8/21 at 5:38 pm to NC_Tigah
I mean the ridiculousness of requiring workers in a warehouse to wear a properly fitted mask but NOT requiring batting an 70k packed in Dome stadium screaming their brains out to mask bc SCIENCE.
Posted on 11/8/21 at 5:40 pm to Oates Mustache
quote:1) Risk of the Vax.
general duty clause
2) Religious exceptions.
3) Natural Immunity.
All poorly addressed. All are quite problematic under the GDC.
Page 1 of 5
Popular
Back to top
Follow TigerDroppings for LSU Football News