@OSHA_DOL you know this situation is not ETS eligible. Many OHS Pros and IHs are already fighting this and educating lawyers and legislators.
What angle will you attempt? None of this falls under the heirarchy of controls nor program mngmt.
How would we verify the confidence in controls? Where is the HRA showing no other control works, like engineering controls via dilution and destruction technologies.
Where is conveying risk to workers when the vaccine inserts are blank. That not informed consent.
The Bloodborne Pathogen Standard never mandated the Hep B shot. I wonder why that is? 🤔 Maybe because vaccines cannot be verifed as controls under OSHA's own standards and guidelines and are not OSFA. We've been saying this since Biden's press conference.
An ETS can only apply when employees are in "grave danger" and OSHA must show the need for the ETS is a "necessity".
Grave danger is not applicable here and neither is it a necessity that everyone in a occupational setting over over 100 employees need the jab to work safely.
The ETS Biden wants would fine employees almost 14K per instance as a Serious citation.
This would not be a serious violation...
"A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation.
Let's look at OSHA previous stance in forced vaccines
OSHA and the CDC have already conveyed their lack of confidence in these jabs as controls, by still requiring masks for the vaccinated. Somehow, we are supposed to believe in this jab when we are seeing large amount of adverse events and deaths, eligible for Worker's Comp.
Average person may not realize any control put in place, under OSHA Standards, requires that implementation be continurously verified for that controls' progress through tracking & developing indicators to measure it's confidence. Ex: tracking exposures, illness, adverse impacts.
Look at historical letters of interpretation. Anyone that has been mandated to get these jabs, have you been given information on the risks of getting the jab?