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re: Breaking: OSHA Mandate Coming Within Days

Posted on 11/1/21 at 10:59 am to
Posted by Indefatigable
Member since Jan 2019
26317 posts
Posted on 11/1/21 at 10:59 am to
quote:

Breaking: District Court ruling enjoining OSHA Mandate Coming Within Days


FIFY
Posted by RangeRat
Member since Oct 2021
104 posts
Posted on 11/1/21 at 10:59 am to
I meet this "requirement" by the very same standard that the FedGov is now issuing Passports with a non-binary gender ... I self-identify and that's good enough.

Besides, Congress, USPS, and others are exempt so it's not a "mandate"
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7178 posts
Posted on 11/1/21 at 10:59 am to
"That will be the first state to have standing with the USSC for a 10th amendment showdown."

Negative on a 10th Amendment showdown; there is no longer any doubt that Congress can legislate in this sphere. However, Congress has not done so, such that this EO should fail as being outside the realm of executive authority. Perhaps an opportunity to reexamine "Chevron deference"?
Posted by mark65mc
Baton Rouge
Member since Dec 2007
11281 posts
Posted on 11/1/21 at 11:04 am to
Time to convert all of those employees to 1099. Those newly self-employed people need some good tax advisers to help them write everything off as business expenses.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 11/1/21 at 11:04 am to
quote:

paid sick leave to recover from any side effects.


What if they die?

Do their survivors get some form of salary for his/her expected lifetime.
Posted by Lsut81
Member since Jun 2005
80151 posts
Posted on 11/1/21 at 11:05 am to
quote:

What if they die?



*insertRockyIVgifhere



So you get the shot, claim to have side effects, stay home for a few weeks, profit
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35115 posts
Posted on 11/1/21 at 11:06 am to
quote:

I meet this "requirement" by the very same standard that the FedGov is now issuing Passports with a non-binary gender ... I self-identify and that's good enough.


I believe the Citizens United decision tell us that businesses are people so you very well could have a business identify as having less than 100 employees.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32943 posts
Posted on 11/1/21 at 11:06 am to
It’s not going to happen. Does he plan to hire thousands more osha auditors to enforce and is he willing to send them into FL and TX? Because it isn’t going to happen here.
Posted by Lsut81
Member since Jun 2005
80151 posts
Posted on 11/1/21 at 11:08 am to
quote:

is he willing to send them into FL and TX? Because it isn’t going to happen here.



So you think... A number of companies have already come out in both of those states and said they are listening to fed and not state.

and the companies will do it because of the fear of potentially being fined hundreds of thousands of dollars.

As soon as its announced, there needs to be a lawsuit with standing to shut it down before the companies begin implementation.
This post was edited on 11/1/21 at 11:09 am
Posted by DownHome
Below the Equator
Member since Jan 2012
10118 posts
Posted on 11/1/21 at 11:10 am to
umm, I hope everyone realizes that OSHA does not have the authority mandate anything. Congress has to approved any rules or regulations before OSHA can enforce.
Posted by SelaTiger
Member since Aug 2016
17987 posts
Posted on 11/1/21 at 11:13 am to
We already lost this fight because we allowed our government to divide us. I’m holding out as long as I possibly can, but everyone saying it’s not going to happen, well……it is happening.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 11/1/21 at 11:16 am to
quote:

the companies will do it because of the fear of potentially being fined hundreds of thousands of dollars


Yep. If you aren't making your own living, you're going to have to get it one way or another eventually. Such bullshite.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32943 posts
Posted on 11/1/21 at 11:16 am to
I know for 100% fact that several large companies across multiple states will not be implementing this despite what has to be said publicly.
Posted by 504LikeitwasB4
Member since Oct 2021
426 posts
Posted on 11/1/21 at 11:16 am to
I work for ATT in Central Florida, I'm gone in February due to the mandate. Fortunately I'm one of the few that has any certifications and external validations.
Most of the unionized libbs that are employed here have hard nipples over the idea.They love it. ATT is ignoring any FL state rulings.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
32943 posts
Posted on 11/1/21 at 11:17 am to
quote:

As soon as its announced, there needs to be a lawsuit with standing to shut it down before the companies begin implementation.


There will be.
Posted by Oates Mustache
Member since Oct 2011
22061 posts
Posted on 11/1/21 at 11:25 am to
quote:

hope everyone realizes that OSHA does not have the authority mandate anything


Have you ever dealt directly with OSHA? I have. Let me tell you how it works. There's this little thing called the general duty clause and it provides them with a catch all for general workplace safety.

You're arguing something that they already have a workaround prepared for and with actual precedent. I get fighting it, and I hope a fair court gets at least one of the cases, but you're crazy if you think they don't already know that they wield the power here.
Posted by xxTIMMYxx
Member since Aug 2019
17562 posts
Posted on 11/1/21 at 11:26 am to
Is Covid even a big problem anymore?
Posted by Indefatigable
Member since Jan 2019
26317 posts
Posted on 11/1/21 at 11:27 am to
quote:

Have you ever dealt directly with OSHA? I have. Let me tell you how it works. There's this little thing called the general duty clause and it provides them with a catch all for general workplace safety.

You're arguing something that they already have a workaround prepared for and with actual precedent. I get fighting it, and I hope a fair court gets at least one of the cases, but you're crazy if you think they don't already know that they wield the power here.



I agree. I believe most of the serious challenges will be aimed at the language, operation, and enforcement of the rule itself as opposed to OSHA’s authority to issue it.
This post was edited on 11/1/21 at 11:28 am
Posted by wutangfinancial
Treasure Valley
Member since Sep 2015
11100 posts
Posted on 11/1/21 at 11:27 am to
quote:

I hope everyone realizes that OSHA does not have the authority mandate anything


Don't federal agencies have the ability to write and enforce their own regulations per Chevron deference?
Posted by Oates Mustache
Member since Oct 2011
22061 posts
Posted on 11/1/21 at 11:29 am to
quote:

believe most of the serious challenges will be aimed at the language, operation, and enforcement of the rule itself


This is basically all that the courts will be hearing. The legality of it under the general duty clause is without challenge.
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