by Sharon Rondeau

(Nov. 17, 2021) — The website for the Occupational Safety and Hazards Administration (OSHA) has posted a statement indicating it will be staying the mandate it sought to impose on more than 80 million workers to take an experimental COVID-19 injection or submit to weekly testing in order to maintain employment.

The mandate was proposed by White House occupant Joe Biden on September 9, 2021 and was intended to apply to employers with 100 or more employees. His administration was losing “patience” with those who had chosen not to take the injections, Biden said at the time, and that the persistent COVID-19 problem is “a pandemic of the unvaccinated.”

The vaccines are FDA-authorized under an “Emergency Use Authorization (EUA)” only and are believed to be linked to thousands of serious reactions and deaths, according to public government data. Such adverse reactions, which include blood clots, heart attacks, strokes, paralysis, myocarditis, severe tinnitus and other neurological symptoms, have not been reported by the mainstream press, nor have they been acknowledged by the White House or federal health agencies other than nominally.

On November 5, OSHA published an “Emergency Temporary Standard” (ETS) titled, “COVID-19 Vaccination and Testing” which states, in part:

COVID-19 was not known to exist until January 2020, and since then nearly 745,000 people, many of them workers, have died from the disease in the U.S. alone. At the present time, workers are continually becoming seriously ill and dying as a result of occupational exposures to COVID-19. OSHA expects that the Vaccination and Testing ETS will result in approximately 23 million individuals becoming vaccinated. The agency has conservatively estimated that the ETS will prevent over 6,500 deaths and over 250,000 hospitalizations.

The notice additionally claimed that “Unvaccinated Workers Face Grave Danger,” although citing no scientific data or statistics. “Unvaccinated workers are much more likely to contract and transmit COVID-19 in the workplace than vaccinated workers,” the statement continues. “OSHA has determined that many employees in the U.S. who are not fully vaccinated against COVID-19 face grave danger from exposure to COVID-19 in the workplace. This finding of grave danger is based on the severe health consequences associated with exposure to the virus along with evidence demonstrating the transmissibility of the virus in the workplace and the prevalence of infections in employee populations.”

The proposed mandate appeared in the Federal Register the same day and sought implementation on January 4, 2022, in keeping with the 60-notice requirement.

As was reported earlier Wednesday by Alex Berenson on his Substack, there is a virtual news blackout of the development.  However, on Tuesday, the National Law Review reported:

On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) that establishes minimum COVID-19 vaccination and testing requirements for private employers with 100 or more employees throughout the United States.

Shortly after the ETS was published, several states and businesses sued to declare that the rule was unconstitutional and beyond OSHA‘s statutory authority. On November 6, 2021 the Fifth Circuit Court of Appeals (based in New Orleans) issued a very short preliminary ruling “staying” implementation of the ETS pending further briefing in the court. Then, on November 12, 2021 the Fifth Circuit entered a long opinion in which it has issued a preliminary stay of the law.

In doing so, the court signaled in the strongest of possible terms that it was poised to find that the rule does exceed OSHA‘s statutory authority in several ways and is unconstitutional. You can read the entirety of the opinion here.

In recognition of the court‘s ruling, the administration declared yesterday that OSHA has suspended all activities relating to the implementation and enforcement of the ETS pending further litigation. However, this is still a temporary ruling and will be appealed, most likely all the way to the Supreme Court, which would make the final decision.

OSHA’s announcement Tuesday makes the non-coverage by the mainstream media all the more baffling.

The several dozen plaintiffs, including three states, who first filed suit against the mandate wrote on page 4 of their brief:

Many of the petitioners are covered private employers within the geographical boundaries of this circuit.5 Their standing6 to sue is obvious—the Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.

Since then, nearly three dozen legal challenges have been filed in all 12 appellate districts, according to NPR, with the Sixth Circuit Court of Appeals in Cincinnati having been drawn randomly to hear them and decide whether or not the ruling by a three-judge panel of the Fifth Circuit Court of Appeals will remain in place.

On Tuesday, OSHA declared:

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

According to NPR, “The federal government is largely relying on companies to self-enforce the rule.”


Update, 1:33 p.m. EST: Currently “OSHA” is a trending topic on Twitter.

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  1. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life (not abortion), Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes (I think it’s time, Ethel.); and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations by the illegal Obama and Obiden regimes, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such illegal Governments, and to provide new Guards using a temporary uncompromised military for their future security. — Such has been the patient sufferance of these 50 States; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present usurper Obiden is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these 50 States.