Posted on 11/09/2021 3:25:18 AM PST by MtnClimber
With virtually every aspect of life under assault from progressives, Republican successes on Election Day were a much-needed shot in the arm. Let’s capitalize on that energy. Instead of sitting idly by waiting for lawsuits to make vaccine mandates go away, OSHA just handed us an opportunity to drive a stake through those very mandates.
On November 5, OSHA published its COVID-19 Vaccination and Testing ETS (Emergency Temporary Standard) in the Federal Register. It goes into effect immediately and companies with 100+ employees have 30 days to comply, plus 60 days for certain testing requirements.
However, because this ETS also functions as a proposed rule for a permanent standard, the public has 30 days to comment. Most of us have never commented on a proposed rulemaking for any agency, let alone OSHA. But if standing up to vaccine mandates is something you feel strongly about—and you should—this is another avenue of attack we should exploit in the vaccine wars.
Administrative agencies are creatures of the executive branch. They make copious rules and regulations that govern our lives but are not directly accountable to the people through elections. Requirements for public comment under the Administrative Procedure Act (APA) are a way to make fully unaccountable administrative agencies somewhat accountable to the people.
Since every American is affected by these vaccine mandates, we all have a right to comment, which is why I am asking every American Thinker reader to take some time in the next week or two to submit a comment to OSHA “on any aspect of the ETS” and “on any topics related to this rulemaking.” And then ask your like-minded friends to do the same.
(Excerpt) Read more at americanthinker.com ...
What is needed is a list of OSHA names for Nuremberg II.
Nurenburg II is not happening, CW II might.
Where the hell did OSHA get the authority to do this? Working people are most likely less likely to spread COVID.
That article is so full of useful stuff it made my head hurt!
Note: MtnClimber’s profile is very impressive! Great photos, dude.
I would but I’m retired. That being said they don’t have the authority to make any laws let alone enforce them. In fact every government institution doesn’t have the authority to make any laws. Only congress can make laws and only constitutional laws. These institutions have always benn government by fiat and Americans have just allowed it. Hopefully SCOTUS will shut this down and in doing so make all these institutions irrelevant.
why wait or depend on SCOTUS? The people of US is the government;have the people say no.
I know ultimately they will succeed but we need to do what is right; refuse to take it.
Why not both?
Of course you can refuse to take the jab. That was never in question and protest in whatever fashion you want. My point was/is none of these institutions can make laws. They don’t have the authority so any law/rule they’ve made is moot to begin with.
Cue the latest horror story of the regretful COVID victim, who before they contracted the virus and died, refused to be vaccinated.
There was a concert in Houston where people died because so many people were so close together.
I know. So many rappers on who knows what drugs. What could go wrong?
“That being said they don’t have the authority to make any laws ...”
That is true. But this morphs from black and white to gray, and there is a lot of judicial precedent since the rise of the administrative state under FDR. The genie is out of the bottle. “Regulations” made by an agency sure feel like laws, don’t they?, because one can get fined and in some cases go to federal prison. But regulations are not laws according to the judiciary in the purest sense ... they mechanism to implement the law passed by Congress. If an agency acts outside of what Congress passed, then the regulation has no force.
Congress passed the “OSH Act” and good Republican Nixon signed it into law. Under the Commerce Clause, the feral givernment preempts states in workplace safety. Therein OSH Act is a provision that the Sec’y of Labor may protect workers against “grave dangers” that exist in the workplace through emergency rulemaking. That rulemaking suspends the more demanding requirements spelled out in the Administrative Procedures Act for “normal rulemaking”.
I’ll stop here, with one fundamental question. When Congress passed the OSH Act, and provided the grave danger mechanism, did it intend for OSHA to implement a regulation for disease during a pandemic that persons can be exposed to outside the workplace as well as inside the workplace? I would argue the agency is well outside its legal authority on this point.
I would place the upcoming conflict in the 'revolution war' category rather that simply a 'civil conflict' since NWO participants will be opponents.
I know. I was thinking doom-and-gloom; not confident of the stern-letter strategy. Better than posting here, yes, although all that does help us.
It feels like the only (peaceful) solution will be a painful Galt economic Shutdown.
“Under the Commerce Clause, the feral givernment preempts states in workplace safety. Therein OSH Act is a provision that the Sec’y of Labor may protect workers against “grave dangers” that exist in the workplace through emergency rulemaking.”
And Biden with his OSHA mandate is attempting to nullify the Civil Rights Act of 1964, the holy grail for liberals. The civil rights act is legislation created by Congress. A president or executive agency can’t magically cancel or alter a law passed by congress with an order.
Go read Rapanos v US or SWANNC v US. In both cases, executive agencies tried to redefine what a navigable body of water is. The USSC ruled that the agencies exceeded their authority.
p
Unfortunately ... it takes a lot of money to fight the federal givernment agencies on their unlawful actions. That is also why they get away with a lot of this stuff.
The Last I heard, OSHA got kinda mealy-mouthed and said that it was a recommendation, and not a mandate.
Regardless, the lawsuits will continue, and hopefully an injunction until resolved.
However, if OSHA can 'stick it's camel nose under the tent ',.. then when will it ever stop ?
Innumerable "booster " shots and vaccines for more virus diseases that have 98.6% survivability ?
Maybe a "booster" every 6 months ?
At whose expense ? The taxpayer ?, or individual subscriptions to be bought from Pig Bharma for continued care?
Mandate an injection for the flu next, even though they are only an 'educated guess', and generally only 40% accurate on their predictions ?
When does it all stop ? .. or doesn't it ?
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