Though we await the full legal rationale, the Biden plan on the White House website says the order will come through the Department of Labor’s Occupational Safety and Health Administration, which will issue an Emergency Temporary Standard (ETS) to implement the requirement. In other words, the rule will be expedited to avoid the comment period that typically allows those who would be affected by a given order to weigh in. While OSHA has authority to set certain health and safety standards in the workplace, it would be stretching its authority to claim that it can be used as a means to facilitate broader public-health goals. Just this July, the Congressional Research Service updated a report on the emergency standard and noted that OSHA “has rarely used this authority in the past—not since the courts struck down its ETS on asbestos in 1983.”
“I don’t think it goes far enough. I actually think that what zeke [sic] said about interstate travel was exactly right, but in this case we have childhood immunizations [sic] that we don’t even think about. All 50 states have laws on the books to require childhood immunizations which we should be looking at the Covid vaccine the same way. When it comes to employers, I think what the Biden administration did was quite brilliant because it gives air cover for businesses that have wanted to do this, that have wanted to put vaccine mandates in place, but they didn’t want to have their employees complain about them. Now they can say, hey, we didn’t really want to do this, but the administration, the federal government, is making us do it. It also helps to level the playing field so that people aren’t then going to threaten to go to another workplace if every workplace has that same requirement. That’s a good thing. I don’t think this is overreach. I think this is what’s needed in the middle of a pandemic, and I think the Biden administration, if anything, could have gone further.”
“I absolutely think we should have that requirement. I think it is a major over sight on the the part of Biden administration to not issue this yesterday. And we have to talk about the reason. The reason isn’t so much that we need to keep train travel and plane travel even safer. They are pretty safe. Although I definitely think that having a vaccine requirement would make it even safer and probably encourage many people who are vaccinated or who have young kids and want to protect them, maybe it will help to encourage those people to start traveling again. But there is an even bigger reason too, which I think we need to make it clear that there are privileges associated with being an American. That if you wish to have these privileges, you need to get vaccinated. Travel, and having the right to travel in our state, it’s not a constitutional right as far as I know to board a plane, and so saying that you want to stay unvaccinated, that is your choice, but if you want to travel, you better go get that vaccine.”
As the chief executive of an organization that employs 2,700 individuals, your action adds financial, legal, and regulatory burdens that will ultimately impact Knox County taxpayers. In addition, it potentially hinders our ability to attract quality employees since many folks in our community will not work somewhere that unjustly imposes vaccine mandates.
As a fellow elected official who has sworn an oath to uphold the US Constitution just as you have, I am alarmed by the alacrity with which you issued this order, contradicting both Article 1, Section I-which vests legislative power in the Congress-and the Tenth Amendment-which recognizes the sovereignty of the states or the people over matters the Constitution does not delegate to the federal government.
It would be one thing if you were ignorant of these abuses, but, incredibly, your own Chief of Staff, Ron Klain, retweeted the following: "OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations." Instead of humbly contemplating the implications of trampling constitutional process, your top aide is gloating like the cat who ate the canary.
Mr. President, if we, as elected officials, ignore, disregard, and contravene the laws which bind us, how can we expect our fellow citizens to respect and follow the laws which bind all of us as a society?
Just last week on September 9, President Joe Biden said that his administration would be increasing shipments of monoclonal antibodies in September, by 50 percent. And yet, on September 13, HHS announced that it was seizing control of the monoclonal antibody supply and it would control distribution. And then on September 14, the announcement was that more than 50 percent of the monoclonal antibodies that have been used in Florida were going to be reduced.… There’s going to be a huge disruption and patients are going to suffer as a result of this. So, we’re going to work like hell to overcome the obstacles that HHS and the Biden administration have put on us.
An individual working on a covered contract from their residence is a covered contractor employee, and must comply with the vaccination requirement for covered contractor employees, even if the employee never works at either a covered contractor workplace or Federal workplace during the performance of the contract.