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Started By
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re: OSHA Mandate Related - Just got out of a large industry group meeting
Posted on 11/8/21 at 7:28 pm to Oates Mustache
Posted on 11/8/21 at 7:28 pm to Oates Mustache
quote:
Unvaccinated employees create a dangerous work environment.
Pretty sure the summary of OSHAs mandate is to protect the unvaccinated.
1
Posted on 11/8/21 at 7:30 pm to SaintInBham
quote:
OSHA lacking authority to states passing multiple laws contradicting the mandate
They talked about this too. Especially with states that already have their version of OSHA. I can't wait to see how that one works out. I'm team states rights.
They did say that they thought the 5th circuit would brush off the lottery idea and at least rule.
Posted on 11/8/21 at 7:45 pm to ArHog
quote:
Now try to enforce your mandates OSHA.
They won’t have to. They’ll go after one corporation and the legal department of the rest of them will shite themselves.
Posted on 11/8/21 at 7:46 pm to Herooftheday
quote:protect from who? The vaccinated? What if we have natural immunity?
Pretty sure the summary of OSHAs mandate is to protect the unvaccinated.
Posted on 11/8/21 at 7:51 pm to SaintInBham
Our legal team has pretty much agreed that the recent decision will likely be contradicted by say the 9th district. Setting up an opportunity for the Supreme Court to weigh-in. The General Duty clause gives OSHA quite a bit of latitude.
Posted on 11/8/21 at 7:57 pm to Oates Mustache
quote:I don't believe you
they basically said that in their opinion ultimately OSHA will prevail and this will be the new norm going forward
Posted on 11/8/21 at 8:00 pm to Oates Mustache
Thanks. From what I read, employees opting for the testing route either need to be observed by the employer or need to be proctored by the teledoc route. If an employer goes the observed route, can you you just get a temp employee or delegate to an admin the responsibility of observing tests for accuracy? Would that pass an OSHA audit?
Posted on 11/8/21 at 8:04 pm to N.O. via West-Cal
quote:
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.
This is irrelevant.
Posted on 11/8/21 at 8:06 pm to Oates Mustache
(no message)
This post was edited on 11/21/23 at 3:36 am
Posted on 11/8/21 at 8:07 pm to DallasTiger11
(no message)
This post was edited on 11/21/23 at 3:36 am
Posted on 11/8/21 at 8:08 pm to jrenton
About a year ago, I suggested that the largest political problem with covid will be declaring it is no longer a problem and life can return to normal. Looks like Brandon is working very hard to make that suggestion come true.
on another item I would expect the flu shot gets avoided, but that's no problem as there were no flu last winter
Posted on 11/8/21 at 8:35 pm to Oates Mustache
The industry group meeting I’ve been on have said this shite is going to die.
Posted on 11/8/21 at 8:36 pm to jrenton
Yes
Posted on 11/8/21 at 8:38 pm to baybeefeetz
quote:
The industry group meeting I’ve been on have said this shite is going to die.
Did they say why they think that? I'd love to attend another one of these meetings just to hear some contrast.
Posted on 11/8/21 at 9:13 pm to Oates Mustache
Posted on 11/8/21 at 9:18 pm to Oates Mustache
Did they mention anything about congress voting on the mandate in the coming week or so?
Posted on 11/8/21 at 9:24 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.
Am I missing something? The Exec Branch cannot make rules without Congressional approval and enforce fines and other penalties. Has this rule been promulgated by Congress?
Posted on 11/10/21 at 10:06 am to GetmorewithLes
Posted on 11/10/21 at 10:11 am to supatigah
I'm glad to see some counterpoints been thrown out there. This is definitely going to get interesting.
Posted on 11/13/21 at 7:45 am to Oates Mustache
quote:
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.
Reading the ruling and the way they absolutely shite all over the mandate with extreme prejudice from every angle I would reccomend you guys get new lawyers.
Basically everything you posted is the COMPLETE OPPOSITE of what the court is leading off with.
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