Watch this informative interview with two OSHA experts (from 8:00 to 32:00 approximately), both with about two decades of experience working with OSHA in the field of workplace safety. I've tried to assemble the most important points below.

Key points about the mandate:

• The executive branch said that OSHA would develop new Emergency Temporary Standards (ETS) to mandate the vaccine in workplaces with 100 or more employees. But approval for ETS requires legislation and is not something that can be implemented unilaterally by the executive branch. The OSHA Act of 1970 sets clear parameters for the rule-making process.

 

• The ETS process says "OSHA must determine that workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them." (bold added). This is a lengthy process with no guarantee of getting the ETS approved, as detailed below.

 

• Covid-19 Infection Survival Rates show there is no "grave danger" to workers.

 

• The Heirarchy of Controls is what environmental safety inspectors follow in determining actions to take when they encounter safety issues in the workplace. The vaccine mandates would be considered Elimination, i.e., physically removing the hazard. This is the highest level of control that can be imposed on an employer, and it's problematic: first, the virus cannot be eliminated with a vaccine that is not 100% efficacious; and second, a mandate could be fought in court because there are other proven methods to reduce the hazard like improving air exchanges through ventilation and installing units on HVAC systems that can kill 95-96% of bacteria and molds.

 

• OSHA cannot do anything that creates a greater hazard than the one they're trying to solve, which the vaccines arguably do. This is why there's lots of hoopla but little government action, it's an attempt to get employers to apply the mandates without the actual ETS in place.

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What employees can do if their employer implements vaccine mandates

• Do not quit your job, make them fire you because this preserves your right to request a judicial review

 

• Employers who mandate vaccines are likely being advised by their risk-averse attorneys. The problem is that they are setting up these employers for greater risks if employees suffer adverse effects or die as a result of the vaccine.

 

• They suggest you go to your union rep and to Human Resources and to your employer with official data on infection rates and adverse reactions (VAERS) to argue that you are at higher risk from the vaccine than you are from Covid. If they refuse to exempt you, tell them you want a baseline physical that covers all the systems that have been shown to be impacted by the infection or the vaccine. Your employer needs to understand that they could be held liable for the harms that result from imposing mandates.

 

• Contact your federal Congressmember and Senators to register your concerns about the mandates and find out what they're doing about it

 

• There is a new website, Red Balloon, where people who have lost their jobs can connect with employers who are not mandating vaccines for their employees.

(edit for clarification)