That is a matter of OPINION ...
Covid has a 98% survivability rate ... the numbers do not support all the media / political hysteria, their is no ' GRAVE DANGER '
Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates
As we detail in our
legal analysis, the courts will almost certainly strike down the OSHA vaccine mandate. Here are a few reasons why:
- Congress did not place vaccines within OSHA’s purview. OSHA is establishing the vaccine mandate through an “emergency temporary standard.” This highly unusual process allows OSHA to bypass public notice and comment. Federal agencies, including OSHA, typically must submit major rules to public scrutiny before finalizing them.
To take the “emergency temporary standard” shortcut, the agency must persuade a court that workers are in “
grave danger” and that it is “necessary” to protect them against that danger.
The “grave danger” that an emergency temporary standard must address must come from “exposure to substances or agents determined to be toxic or physically harmful or new hazards.” A toxic substance or agent is a poisonous element or compound. A substance or agent can be “physically harmful” because it is flammable, explosive, or carcinogenic.
The danger a virus causes, by contrast, derives from its ability to replicate within a living organism.
Congress created OSHA to promote workplace safety. OSHA inspectors look for hazards that can potentially harm employees, such as improperly stored chemicals, inadequately lighted or ventilated workstations, or lack of protective equipment (e.g., gloves and hard hats). Vaccines against viruses are an entirely different form of protection and are beyond the scope of OSHA’s mandate.
- Congress tasked the Department of Health and Human Services with determining the safety, efficacy, and appropriate use of vaccines. Congress authorized the Food and Drug Administration to determine whether vaccines should be allowed in interstate commerce. It empowered the Centers for Disease Control and Prevention to recommend who should receive such vaccines.