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No private employer mandate coming?

Posted on 9/15/21 at 3:31 pm
Posted by FlexDawg
Member since Jan 2018
12812 posts
Posted on 9/15/21 at 3:31 pm
LINKOn September 9th, President Joe Biden made the announcement that all employers with more than 100 employees would be required to enforce a worker vaccine mandate.

At the same time Biden announced all federal workers must be vaccinated and issued an updated executive order. Biden also expanded the federal requirements for contractors, Executive Order Here.

? The federal worker requirement has a date for guidance to execute the order listed as Sept. 16th: “The Task Force shall issue guidance within 7 days of the date of this order on agency implementation of this requirement for all agencies covered by this order.” {Section 2.0 link}. The XO is very vague and generic on the issue of guidance.

? The due date for guidance for the contractor order is September 24th: “By September 24, 2021, the Safer Federal Workforce Task Force (Task Force) shall, as part of its issuance of Task Force Guidance, provide definitions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with workplace safety guidance {Section 2.0(b) link}. However, the Director of the Office of Management and Budget (OMB) has to review the Task Force guidance for feasibility and then approve the guidance.

So, there are three elements: (1) Federal worker mandate; (2) Federal contractor mandate; and the big controversial one, (3) a national worker mandate for companies with over 100 employees.

Focusing on #3, the big one. The only material from the White House on the BIG CONTROVERSIAL national worker mandate is a small paragraph on the WH COVID PLAN section:



(link)

… That’s it folks. Almost a week later, and that’s the sum total of everything about the biggest economic and workforce disruption in the history of the nation. That one paragraph posted on September 10th.

Why is this important?

Well, the U.S. Department of Labor website has ZERO mentions of this national mandate. ZERO, nothing… nada, zilch. [SEE HERE]

Looking at the OSHA COVID information portal, used by employers and legal execs, will show you the exact same result. Nothing. [SEE HERE]

Notice there’s no date for DoL or OSHA delivery of any employer guidance or details. Nothing.

Think about this. This is the largest nationwide change to employment eligibility requirement in U.S. history. Nothing else is even close… and yet, if you didn’t watch the Biden announcement or read the media discussion about the Biden announcement, you wouldn’t be able to find a single detail about it – anywhere.

This is not normal; not even close to normal… even for the federal government.

If there was a federal intent to actually force American workers to get forcibly vaccinated as a condition of employment, there would be daily updates from a massive inter-agency network of compliance offices, regulatory agencies and private sector business interests giving updates and briefings. And yes, that pertains only to the anticipated guidance part, not to the actual setting of a deadline and working through the implementation phase of the national mandate.

I’m only talking about the basic guidance aspect. The labor discussions with internal and external customers of the DoL, OSHA, etc. to set a calendar for how to implement “guidance”, just that part. There’s nothing.

The absence of even a scintilla of material to indicate the White House or any federal agency is organizing an action plan of how to structure the guidance itself is telling. The silence of the machine tells us it is not turned on. The bureaucracy has not been triggered. The machinery of the federal government has not been instructed to begin any process to execute on the instruction that OSHA will “develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated.” Nothing.

The silence is deafening.

It sure does seem like they have no intention of ever even triggering the process to get OSHA to begin evaluating how they could even begin to pull this off…. and again, for emphasis, I’m only talking about the tiny step of delivering initial guidance to employers that would indicate to them that OSHA was developing a rule.

There’s no deadline for OSHA to generate the guidance – and there’s certainly no deadline for the OSHA rule itself, which will come as an outcome of that initial guidance part.

Some have speculated that Joe Biden’s big White House announcement was nothing more than a distraction. There’s no way for them to ever get over the hurdles that would come from immediate employer backlash on the federal mandate; and they have no intent on even trying. Meaning, it was all a big distraction -never intended execute- and always intended to clear the national conversation of all Biden-centric controversies and reset the administration. I’m starting to think that speculation is exactly correct.

If 80 million Americans are unvaxxed, and even if only a quarter of those are Main Street employed, the entire social and economic system would grind to a halt if 20 million heavily productive people quit working for 100+ employee companies and went to work much smaller operations. Remember, this is the workforce that was called “essential workers” last year. They were essential for a reason.

A grocery chain cannot lose 20 essential people per store, + warehouse and distribution, and still function. A WalMart cannot lose 50 essential workers per store, + warehouse and distribution, and still function. A hospital or hotel cannot lose 20 to 50 essential workers per operation and still function.

Ford? GM? Auto-workers in general? Labor Unions? AFSCME? SEIU? Police, Fire, Emergency First Responders? I cannot see a reasonable scenario where the national worker vaccination mandate is even feasible with an eligible 80+ million unvaccinated holding out.

I would not be surprised to see nothing more ever said about this “National Employment Vaccine Mandate.”
Posted by Pookers
Member since Jun 2021
980 posts
Posted on 9/15/21 at 3:34 pm to
I hope you're correct. I suspect the corporations are the ones telling Biden to issue the mandates so they have optical cover to force it upon employees.
Posted by GumboPot
Member since Mar 2009
118760 posts
Posted on 9/15/21 at 3:36 pm to
Fake mandate like fake vaccine approval.
Posted by Redbonebandit
Member since Dec 2019
1061 posts
Posted on 9/15/21 at 3:37 pm to
May have been a signal to companies to put the screws down/ an intimidation tactic.
Posted by Bunk Moreland
Member since Dec 2010
53288 posts
Posted on 9/15/21 at 3:39 pm to
I saw that earlier today. I think it's a little early to call it a bluff, but there was a part of me the other day that thought they know this won't survive legal challenges and will just use it to say Biden did everything he could in case the pandemic situation goes south.
This post was edited on 9/15/21 at 3:40 pm
Posted by LSUvet72
Member since Sep 2013
11875 posts
Posted on 9/15/21 at 3:40 pm to
Xiden says stuff to test the waters and when a big wave of opposition hits him in the arse he runs back to shore crying like a demented baby.

Elections have consequences and corrupt elections have corrupt consequences

Posted by jatilen
Member since May 2020
13608 posts
Posted on 9/15/21 at 3:44 pm to
I think it's still coming. The federal government just works very slowly and Slow Joe's administration is very unprepared and obviously trying to craft it in a way to withstand legal challenges.
This post was edited on 9/15/21 at 3:45 pm
Posted by BigJim
Baton Rouge
Member since Jan 2010
14491 posts
Posted on 9/15/21 at 3:44 pm to
quote:

I hope you're correct.


This. But I suspect it is just a more complicated legal issue so it is being delayed.
Posted by Vegas Eddie
The Quad
Member since Dec 2013
5976 posts
Posted on 9/15/21 at 3:46 pm to
Employer communicated that the regs to push the private mandate thru don’t exist and it would be months while the government makes them up. So business as usual at my place for now.
Posted by Dulacrat
Member since Jan 2021
699 posts
Posted on 9/15/21 at 3:54 pm to
I think this Administration knows that this "mandate" will not stand up to legal scrutiny in the long-run...

I believe this was a stunt to drive vaccinations, and to deflect from other painful stories (Afganistan, AZ election audit, dropping popularity polls, etc.)
Posted by Lightning
Texas
Member since May 2014
2300 posts
Posted on 9/15/21 at 4:00 pm to
quote:

I think this Administration knows that this "mandate" will not stand up to legal scrutiny in the long-run...


Agreed. I think they are waiting to see how the early challenges to private employer and state mandates go to dictate how they proceed.

Federal Judge Temporarily Blocks NY Vaccine Mandate for Health Care Workers
Posted by We_The_People
Member since Jan 2019
324 posts
Posted on 9/15/21 at 4:14 pm to
Don't concern yourselves with the OSHA standards themselves. There will never be an OSHA standard that requires vaccination. Read the OSH Act of 1970 itself, specifically Section 3 and Section 4. This is why the postal service and congress are exempted.

This is merely about trying to establish a precedent. It will be challenged in the courts and tied up for years (if it even gets that far). In the meantime, don't run out and get vaccinated just because you think it is coming.

It is not coming and if your employer thinks it is, their misunderstanding of this will cause them plenty of legal trouble down the road.

Just my 2 cents
Posted by BigJim
Baton Rouge
Member since Jan 2010
14491 posts
Posted on 9/15/21 at 4:17 pm to
quote:

Agreed. I think they are waiting to see how the early challenges to private employer and state mandates go to dictate how they proceed.


It is one thing for a business to decide its employees must be vaccinated.

It is another for a government entity to decide that businesses must mandate the vaccine.

And it is a whole different plane of existence for the federal government to use OSHA workplace safety laws to mandate a vaccine.

Posted by Bulldogblitz
In my house
Member since Dec 2018
26781 posts
Posted on 9/15/21 at 4:18 pm to
My wife works from home, has for 15 years. Her employer has 500k employees, majority at home, they've slapped the mandate onto everyone.

Who is this protecting at all?
Posted by LNCHBOX
70448
Member since Jun 2009
84081 posts
Posted on 9/15/21 at 4:18 pm to
quote:

My wife works from home, has for 15 years. Her employer has 500k employees, majority at home, they've slapped the mandate onto everyone.

Who is this protecting at all?


I was unaware COIVD could only spread at work
Posted by Bulldogblitz
In my house
Member since Dec 2018
26781 posts
Posted on 9/15/21 at 4:21 pm to
quote:



I was unaware COIVD could only spread at work


I was unaware vaxxed cannot spread it.
Posted by LNCHBOX
70448
Member since Jun 2009
84081 posts
Posted on 9/15/21 at 4:22 pm to
quote:

I was unaware vaxxed cannot spread it.


That just makes you post even more pointless. Way to go.
Posted by Bulldogblitz
In my house
Member since Dec 2018
26781 posts
Posted on 9/15/21 at 4:23 pm to
quote:

That just makes you post even more pointless. Way to go.


We get it, you're pro-vax...a vax that doesn't prevent the spread of what it is supposed to, but you really need to just butt out.
Posted by Pezzo
Member since Aug 2020
1941 posts
Posted on 9/15/21 at 4:25 pm to
section 3 is just definitions and section 4 is just the application of the act.

am i missing something? doesnt seem like any thing important pertaining to mandated vaccines
Posted by LNCHBOX
70448
Member since Jun 2009
84081 posts
Posted on 9/15/21 at 4:25 pm to
quote:

We get it, you're pro-vax...a vax that doesn't prevent the spread of what it is supposed to, but you really need to just butt out.



I'd ask for you to back up your claims, but you ghosted the last thread I asked for that.


Aw frick it, quantify exactly how much vaccinated spread the virus relative to unvaccinated. While we're at it, quantify the severity of infection and necessity of hospitalization and death for both vaccinated and unvaccinated.

After you've done that, try to sell me on the vaccines not being effective.

ETA 1 You were responding so fast... what happened?

ETA 2 Man, got you to ghost two threads now
This post was edited on 9/15/21 at 4:40 pm
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