As my colleague Streiff reported yesterday, no one should be taking a victory lap over OSHA walking back its enforcement of Joe Biden's unconstitutional vaccine mandate. Corporations, independent of the Biden administration, can (and still are) crafting their own mandates and pushing them on their employees.
Earlier today, the Occupational Safety and Health Administration said it would suspend all “activities related to the implementation and enforcement” of the vaccine mandate imposed by Joe Biden's fiat. It comes after the Fifth Circuit imposed a nationwide moratorium on the implementation and enforcement of the mandate in a blistering decision that stopped about two verbs short of calling the hastily cobbled together rule both stupid and duplicitous (see BREAKING: Federal Appeals Court Denies Biden Admin Request to Lift Stay on Vaccine Mandate).
There is no reason for anyone to take a victory lap over this decision for the reasons I laid out in The Fifth Circuit Slapping Down Biden's Illegal Vaccine Mandate Is Meaningless in the Face of a Lawless Presidency.
All OSHA is doing is giving lip service to the court ruling that the Biden bunch is actively campaigning to undercut.
Our brave Siemens employee Frankie emailed to update me on the progress of their efforts to see an end to this mandate, and confirmed exactly what streiff wrote.
We're still plugging away here at Siemens under the threat of job loss as a result of mandates started by executive orders. As everyone involved knows, the OSHA mandate had a stay order issued against it by the 5th Circuit Court of Appeals. There were so many court cases filed that the courts consolidated them and assigned them to one jurisdiction, the 6th Circuit. My state attorney general along with the AG from Kentucky and Ohio had all joined together filing in the 6th.
Yesterday, OSHA suspended their ETS for a mandate which has been cheered by many; however, most large companies are going off of an earlier executive order requiring employees of federal contractors to be vaccinated. This has been swept aside as the focus has been primarily on the OSHA ETS. I call this the forgotten mandate.
That forgotten mandate, Executive Order 14042, is the one Frankie is referencing. This EO affects federal contractors, and is the one that Siemens is still using to craft and enforce the vaccine mandates, as Biden is still urgently demanding companies do.
From the New York Post:
White House Deputy Press Secretary Karine Jean-Pierre insisted that the Biden administration believes it can still win the court battle, but said firms should create their own mandates in the meantime as 26 state attorneys general sue — and as even some Democrats, such as Kansas Gov. Laura Kelly, object to the federal directives.
“We think people should not wait. We say do not wait to take actions that will keep your workplace safe. It is important and critical to do and waiting to get more people vaccinated will lead to more outbreaks and sickness,” Jean-Pierre said at the daily White House press briefing.
“This is about keeping people in the workplace safe. And so what we're seeing is more businesses and school closures and more lost jobs that keep us keep us stuck in a pandemic that we're trying to end.”
The Biden administration is anxious for corporations to continue to do his bidding for him, as Frankie explains:
If the courts rule that the OSHA mandate is unconstitutional, then in my humble opinion it should be applied equally to the EO that initially called for it as well as the contractor EO. This is a point that I have made in a letter to the Tennessee AG that I sent last week. Employees of federal contractors are still in the crosshairs.
I suspect that as a work around, Siemens will allow employees to remain if they are tested weekly and wear masks. As for the tests, I am going to hold their feet to the fire demanding that my employer supply false positive test rate percentages. If it is 10 percent, then the typical employee will falsely test positive 5.2 times per year, requiring a 14 day quarantine period.
You know companies are going to find a way to limit testing or quarantine when productivity and workforce engagement suffers–and it will suffer. Fourteen-day quarantine periods are not sustainable in most workplace environments.
The other point to be brought up is that the vaccinated can also spread COVID. A case in point is that we have a handful of people out of work right now due to exposure to someone who now has COVID. The employee with COVID proudly declared to all that they were vaccinated AND they caught it from another vaccinated individual. So, our most recent COVID exposure was from a vaccinated person and not from one of the “unclean.”
Biden, CDC Director Rachelle Walensky, the Department of Health and Human Services, and the legacy media have done their utmost to ignore, debunk, and remove from the conversation the natural immunity of those who have contracted COVID and recovered. This, despite studies that have supported and affirmed the scientific basis for this.
A paper in @NatureComms presents preliminary evidence of Pfizer-BioNTech COVID-19 vaccine waning, with a higher incidence of breakthrough infection in people who received their second dose early in 2021 compared to later in the year. https://t.co/QJ7sPZIDuC pic.twitter.com/Gwkj0ugz57
— Nature Portfolio (@NaturePortfolio) November 18, 2021
Then there is the trope that every new surge of COVID is caused by the “unvaccinated,” when studies have also shown that breakthrough cases are becoming more and more prevalent.
WOW: Lancet study proves the shot does not prevent transmission.
“fully vaccinated individuals with breakthrough infections have peak viral load similar to unvaccinated cases.
As all studies show the shots don’t stop transmission, Covid mandates are obviously illegal. pic.twitter.com/CpUzKK6DPE
— KeepCalm&CarryOn (@TerriJMcCormick) November 18, 2021
If the 5th Circuit Court of Appeals stay has done anything, it has given more time for employees like Frankie to keep shining sunlight on what their companies are doing when they think no one is watching. Most are trying to find ways to embed the vaccine mandates in place and find a new way to enforce them. The determination of the Biden administration and certain large corporations seems to be to force compliance by any means necessary. What the Biden administration fails to recognize is that the necessity and the means are depreciating over time.