Vax mandate 'work-around' using OSHA not nearly as clever as they thought

[mystery-ak]

September 16, 2021
Vax mandate 'work-around' using OSHA not nearly as clever as they thought
By Thomas Lifson

The plan to force Americans into receiving an experimental drug that acts on their RNA faced some big obstacles, including  Joe Biden's promise that he wouldn't do it; decades of Democrats' rhetoric over "my body, my choice"; and the CDC's admission that it lacks the power to do so.

But Biden's chief of staff, Ron Klain, seems to think of himself as a pretty smart fellow, a guy who gets things done.  Maybe that's why he exulted over the approach the administration is taking to force Americans to inject the experimental gene therapy into their bodies.  He retweeted MSNBC's Stephanie Ruehl, saying, "OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations."

"Work-around" has such a nice bureaucratic insider ring to it.  It bespeaks a command of the intricacies of government, the details of rules, regulations, and precedents, and a mastery of the incredibly complex organization.

But it turns out that "working around" by piling responsibilities on OSHA (The Occupational Safety and Health Administration), part of the Department of Labor, overlooked a small problem: OSHA is incapable of handling the responsibility.  From Politico:

more
https://www.americanthinker.com/blog/2021/09/vax_mandate_workaround_using_osha_not_nearly_as_clever_as_they_thought.html

[mountaineer]

Here’s Why OSHA Has No Legal Power To Enforce A Vaccine Mandate
Congress did not grant OSHA the power to enforce vaccines in American workplaces.
By Paul J. Larkin, Jr.
November 29, 2021

Where do matters stand now with President Joe Biden’s vaccination mandate? Its fate is uncertain.

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit stayed the effect of the OSHA mandate pending a final ruling on its validity. But all of the appeals have been consolidated in a different appellate court, the U.S. Court of Appeals for the Sixth Circuit. OSHA later announced that it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

That announcement is less helpful to employers than it might seem. OSHA could ask the Sixth Circuit to vacate the stay. Plus, if the mandate is upheld, OSHA could immediately begin enforcement proceedings against anyone not then in compliance. What OSHA will do is presently unknown.

Yet one thing is perfectly clear: OSHA lacks the legal authority to force a COVID-19 vaccine on Americans who do not want it. Small wonder that more than half the states are suing to stop the Biden administration’s vaccine mandate.  ...

Now consider how the OSH Act fits into the framework of the federal laws directly addressing viruses. The Federal Food, Drug, and Cosmetic Act (FDCA) directs the FDA to decide whether a vaccine is safe and effective for its intended use, while the Public Health Service Act empowers the CDC director to quarantine infected parties to prevent an epidemic from erupting or cabin its spread.

Neither law empowers the government to require anyone to be vaccinated or entrusts either agency with such decision-making power.  ...

Read entire article at The Federalist, which sets out the many reasons OSHA lacks this authority.