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Biden to Force Employers of 100+ Employees to Require Vaccinations or Weekly Tests

Department of Labor’s OSHA is developing new rules on vaccine mandates. Expect the courts to strike them down.
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New Executive Order on Vaccinations and Testing

WhiteHouse.Gov details a Executive Order by president Biden that would force corporations to mandate vaccinations or weekly testing.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

The President also signed an Executive Order directing that this standard be extended to employees of contractors that do business with the federal government. As part of this effort, the Department of Defense, the Department of Veterans Affairs, the Indian Health Service, and the National Institute of Health will complete implementation of their previously announced vaccination requirements that cover 2.5 million people.

To ensure that no worker loses a dollar of pay because they get vaccinated, OSHA is developing a rule that will require employers with more than 100 employees to provide paid time off for the time it takes for workers to get vaccinated or to recover if they are under the weather post-vaccination. This requirement will be implemented through the ETS.

Declaring Independence From a Deadly Virus

$14,000 Fines for Noncompliance

Please recall Biden's 4th of July speech on Covid. 

"Today, we are closer than ever to declaring our independence from a deadly virus."

Well, I guess not. 

Businesses that don’t comply face fines of up to $14,000 per violation.

Court Challenge Coming Right Up

The Outrage From Republicans was swift as noted by NPR.

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Oklahoma Gov. Kevin Stitt said in a statement: "It is not the government's role to dictate to private businesses what to do. Once again President Biden is demonstrating his complete disregard for individual freedoms and states' rights. As long as I am governor, there will be no government vaccine mandates in Oklahoma."

The vaccine mandate rule coming from the federal government, as opposed to being individually enforced, will shield many employers from facing the brunt of potential blowback, said employment lawyer Brett Coburn of firm Alston & Bird.

"I'm sure there will be a lot of employers who chafe at this for a variety of reasons, but some employers I think may welcome it," he said. "It kind of takes it out of their hands to some extent to say, 'Sorry, OSHA said we have to do this and we have to follow what OSHA tells us.'

"The CDC gives us guidelines. OSHA gives us rules. And that's a really important distinction," Coburn said, noting that he has seen a growing number of companies in the last month move toward vaccine requirements.

Is This Executive Order Constitutional

I highly doubt it, but it is a decision corporations can make on their own. Biden's eviction mandate was unconstitutional as well and already went down in flames.

But neither party cares about such things these days. Look no further than the Clearly Unconstitutional Texas Anti-Abortion Bill

Expect the Texas hypocrites to scream the loudest. But don't forget the Democrat  hypocrites who got upset with overturned Trumpian mandates.

Of course, two wrongs do not make a right nor do infinite wrongs make infinite rights.

So here we are. 

The bottom line is hypocrites on both side do not give a damn about the Constitution, rule of order, or precedent. 

Biden just gave the independents who do care about the Constitution yet another reason to think carefully about midterm voting decisions.

Then again, Texas did the same. 

A genuine middle of the road candidate would likely be elected in a landslide, especially one tilting conservative on spending and more liberal on social issues. 

However, a middle of the road candidate does not seem to have a chance at getting nominated.

Mish