Well, there that's better. I felt like I'd stepped into the Twilight Zone with OSHA actually doing something helpful and all. But we're back to normal now. They're useless as ever. I do wonder, however, what do you think are the odds workers will still be able to litigate successfully against employers for forcing them to get the vaccine if they suffer serious adverse effects? Will Workman's Comp be forced to pay? Could they collect disability, if as the three women I saw on The High Wire, they are so damaged they can no longer work?
My understanding is that workman's compensation will no longer be a viable route. From what I understand, for something to be handled through workman's comp, companies have to buy insurance to cover the comp. Since the vaccines won't be covered under workman's comp, companies won't be buying the insurance. So basically, if I'm reading this right, OSHA is now telling companies that if they require the vaccine, they are directly liable. There will be no insurance to hide behind. According to what I have read, employees can go through the whistleblower remedy under under Section 11(c) of the Occupational Safety and Health Act of 1970. I'm no expert on this at all (still trying to get my head around it), but it seems that a lot of employees might end up having to cave and get the vaccine. Many would likely not be able to afford a lawsuit, so even though there's a remedy, it still sucks.
There's a precedent back from 2009 when the swine flu vaccine came about and OSHA didn't allow adverse effects to be considered work-related then either. From OSHA's website: ". . .although OSHA does not specifically require employees to take the vaccines, an employer may do so. In that case, an employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act of 1970 pertaining to whistle blower rights." (https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09.)
I was reading about the 1975-1976 Swine Flu vaccine. They had about a quarter of the population vaccinated before they "realized" that it was killing people and causing harm (though only 25 people died compared to the VAERS report for COVID at over 3000). In that case, however, surprisingly, they sued the government, and the government paid out. I wonder if something similar won't happen here (if the truth is ever allowed to come to light). After all, none of this would be happening if the FDA had not given the vaccine emergency use approval.
Considering the very next question on that screenshot of the OSHA page, it all makes sense of you are building towards a socialist paradise in the US, right? You hold private companies liable for everything, you get them coming and going.
Businesses have to follow stupid NPI rules of signs and masks and plexiglass and stickers on the floor six feet apart, to protect employees and customers from contracting Covid on the premises. We knew last spring that the only way for businesses to reopen was going to have to be some sort of blanket legal immunity.
Didn't this really begin a long time ago with fights over paid and unpaid sick leave? Reading my son's UFCW newsletter, their leaders are throwing everything at the wall to see what sticks: never let a crisis go to waste. Take and hold territory. They follow in the footsteps of teacher's unions, looking to finally permanently reduce class size.
Well, there that's better. I felt like I'd stepped into the Twilight Zone with OSHA actually doing something helpful and all. But we're back to normal now. They're useless as ever. I do wonder, however, what do you think are the odds workers will still be able to litigate successfully against employers for forcing them to get the vaccine if they suffer serious adverse effects? Will Workman's Comp be forced to pay? Could they collect disability, if as the three women I saw on The High Wire, they are so damaged they can no longer work?
My understanding is that workman's compensation will no longer be a viable route. From what I understand, for something to be handled through workman's comp, companies have to buy insurance to cover the comp. Since the vaccines won't be covered under workman's comp, companies won't be buying the insurance. So basically, if I'm reading this right, OSHA is now telling companies that if they require the vaccine, they are directly liable. There will be no insurance to hide behind. According to what I have read, employees can go through the whistleblower remedy under under Section 11(c) of the Occupational Safety and Health Act of 1970. I'm no expert on this at all (still trying to get my head around it), but it seems that a lot of employees might end up having to cave and get the vaccine. Many would likely not be able to afford a lawsuit, so even though there's a remedy, it still sucks.
There's a precedent back from 2009 when the swine flu vaccine came about and OSHA didn't allow adverse effects to be considered work-related then either. From OSHA's website: ". . .although OSHA does not specifically require employees to take the vaccines, an employer may do so. In that case, an employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act of 1970 pertaining to whistle blower rights." (https://www.osha.gov/laws-regs/standardinterpretations/2009-11-09.)
Whistleblower remedies are, I believe, different from lawsuits. I made it sound like they were the same.
I understood. Thanks for the thorough answer.
This is an important question. Who exactly is on the hook here? Not the vaccine makers. Now it seems not the employers.
Is there anybody to hold accountable?
I was reading about the 1975-1976 Swine Flu vaccine. They had about a quarter of the population vaccinated before they "realized" that it was killing people and causing harm (though only 25 people died compared to the VAERS report for COVID at over 3000). In that case, however, surprisingly, they sued the government, and the government paid out. I wonder if something similar won't happen here (if the truth is ever allowed to come to light). After all, none of this would be happening if the FDA had not given the vaccine emergency use approval.
If Florida and Sweden didn't exist, modern civilization would be doomed.
I think we are anyway, but I agree.
Continued descent into hell
Would love to know who, specifically, in OSHA got paid off and how much they were paid to move this particular goal post.
i wonder how an 'employer' can make an experiment run by a frightened mob a 'condition of employment'.....?
OSHA had a choice. They chose wrong. They bent the knee...but to whom and for what purpose?
We have one body and one life. There will be other jobs.
Considering the very next question on that screenshot of the OSHA page, it all makes sense of you are building towards a socialist paradise in the US, right? You hold private companies liable for everything, you get them coming and going.
Businesses have to follow stupid NPI rules of signs and masks and plexiglass and stickers on the floor six feet apart, to protect employees and customers from contracting Covid on the premises. We knew last spring that the only way for businesses to reopen was going to have to be some sort of blanket legal immunity.
Didn't this really begin a long time ago with fights over paid and unpaid sick leave? Reading my son's UFCW newsletter, their leaders are throwing everything at the wall to see what sticks: never let a crisis go to waste. Take and hold territory. They follow in the footsteps of teacher's unions, looking to finally permanently reduce class size.
Call it scientific socialism.