OSHA is trying to break the law
This is from the Epoch Times news
OSHA Suspends Requirement That Employers Report
Vaccine-related Injuries
BY
May
31, 2021 Updated: May 31, 2021
In order to encourage
American workers to get vaccinated, the Occupational Safety and Health
Administration (OSHA) has suspended
the legal requirement for employers to report work-related injuries resulting
from vaccinations aimed at combating the CCP
virus that causes the disease COVID-19.
This suspension of the
law by OSHA does not change the fact that employers may be held liable under
workers’ compensation laws or under civil personal injury laws, according to
the nonprofit group Liberty Counsel.
Earlier in May, the
website of OSHA, an agency within the U.S. Department of Labor (DOL), stated
that employers could be held liable if they required employees to receive
COVID-19-related injections as a condition of employment and the employees then
experience adverse reactions.
A “Frequently Asked
Questions” (FAQ) section of OSHA’s website stated, “If you require your
employees to be vaccinated as a condition of employment (i.e., for work-related
reasons), then any adverse reaction to the COVID-19 vaccine is work-related.
The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and
meets one or more of the general recording criteria in 29 CFR 1904.7,”
according to Liberty Counsel.
But visitors to the
same website’s FAQ
section now see a different message, which reads:
“DOL and OSHA, as well
as other federal agencies, are working diligently to encourage COVID-19
vaccinations. OSHA does not wish to have any appearance of discouraging workers
from receiving COVID-19 vaccination, and also does not wish to disincentivize
employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR
1904’s recording requirements to require any employers to record worker side
effects from COVID-19 vaccination through May 2022. We will reevaluate the
agency’s position at that time to determine the best course of action moving
forward.”
Liberty Counsel
inferred from the changed guidance that the White House influenced the decision
to drop enforcement of the reporting requirement from a year.
“No doubt receiving
pressure from the Biden administration, OSHA suspended the enforcement
requirement to record adverse injuries or death from COVID shots until May 2022
in order to push the COVID shots. This politically motivated change by OSHA is
unprecedented,” the group stated in a press release.
Liberty Counsel founder
and chairman Mat Staver in a press
release criticized the decision to change the OSHA guidance.
“Employers that require
employees to take a COVID shot may be held liable for adverse injuries and
death. The fact that OSHA will not enforce recording requirements does not
alter the legal liability of employers who require, coerce, or incentivize
employees to take COVID shots.
“OSHA’s suspension of
the recording requirement so as not to discourage experimental COVID shots
reveals that the Biden administration could care less about the collateral
damage being caused by the COVID shots. The people can see this biased agenda.
They are not stupid.”
None of the available
COVID-19 shots are approved or licensed by the U.S Food and Drug
Administration, Liberty Counsel noted. They come under what’s known as an
emergency use authorization (EUA), which means their use cannot be required.
The FDA acknowledges on
its website that it “must ensure that recipients of the vaccine under an EUA
are informed, to the extent practicable given the applicable circumstances …
that they have the option to accept or refuse the vaccine, and of any available
alternatives to the product.”
EUA authority under
section 564 of the Federal Food, Drug, and Cosmetic Act, permits the FDA to
take steps to protect public health against “chemical, biological,
radiological, and nuclear (CBRN) threats including infectious diseases, by
facilitating the availability and use of medical
countermeasures (MCMs) needed during public health emergencies.”
When the U.S.
Department of Health and Human Services (HHS) declares that
an EUA is needed, as it
did on March 27, 2020, regarding the ongoing pandemic, the FDA
may authorize otherwise unapproved medical products or unapproved uses of
approved medical products to be used “in an emergency to diagnose, treat, or
prevent serious or life-threatening diseases or conditions caused by CBRN
threat agents when certain criteria are met, including there are no adequate,
approved, and available alternatives.”
The Epoch Times reached
out to OSHA for a comment on Memorial Day but had not received a reply by press
time.
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