Analysis of new OSHA TES (Temporary Emergency Standard)

OSHA issued their new standard for employers today. The intent is to comply with the federal mandate. I read through it and will share pertinent sections. It’s clear that OSHA is not requiring employers to mandate vaccines. They “strongly encourage” them to do so citing grave dangers to the unvaccinated in workplace settings, but employers are not bound by this and have the right to opt out. So, employers like Cisco, IBM, and General Electric have implemented a vaccine mandate for all employees – office, plant, and remote under the guise that they have no choice but to comply.

Many employers cite the guidance for working as a federal contractor, but it is guidance, not law. This is not enforceable. The ridiculous “guidance” in the document suggests that even remote workers must be vaccinated. That offers no health benefit – perceived or otherwise to any staff with the federal agency or contractor. This excerpt details the guidance for remote contract workers.

But these corporations take it one step further and mandate ALL employees to be vaccinated or face dismissal even if they are remote and don’t work on federal contracts! This is outrageous!

OSHA

Moving on to the OSHA emergency standard, this is their statement:

“OSHA has determined that the best method for addressing the grave danger that Covid-19 poses to unvaccinated workers is to strongly encourage the use of the single most effective and efficient protection available: Vaccination. Although OSHA may well have the authority to impose a vaccination mandate, OSHA has decided against pursuing strict vaccination requirement and has instead crated the ETS to strongly encourage vaccination.

. . . Accordingly, to further the goal of increasing workforce vaccination rates, this ETS requires employers to implement a mandatory vaccination policy unless they adopt a policy in which employees may either be fully vaccinated OR regularly tested for Covid-19 and wear a face covering in most situations when they work near other individuals.

So, it’s clear that there is no vaccine mandate from OSHA. Further, employees have the right to file an exemption from the tests.

From the FAQ:

6.H. If an employee is entitled to a reasonable accommodation due to a disability or sincerely held religious belief that prevents them from being vaccinated, would the employee still need to be tested weekly?

Yes. The ETS requires weekly Covid-19 testing of all un-vaccinated employees, including those entitled to a reasonable accommodation from vaccination requirements. However, if testing for Covid-19 conflicts with a worker’s sincerely held religious belief, practice or observance, the worker may be entitled to a reasonable. accommodation.

It’s also clear that employers can set up a hybrid approach of requiring testing and masks for office employees and no requirements for remote workers. Instead, many large companies are mandating vaccinations for all employees and it’s inexcusable.

3. B. Am I permitted to implement a partial mandatory vaccination policy that requires vaccination for employees that provide services directly to members of the public, but allows other employees the choice of vaccination or testing?

Yes. OSHA recognizes there may be employers who develop and implement partial mandatory vaccination policies, ie. that apply to only a portion of their workforce. An example might be a retail corporation who has a mixture of staff working at the corporate headquarters, performing intermittent telework from home, and working in stores serving customers. In this type of situation, the employer may choose to require vaccination of only some subset of its employees, and treat vaccination as optional for others (e.g., those who work from headquarters or who perform intermittent work).

The lawsuits that have been filed over the federal mandate will likely go nowhere because mandates are not laws. It is the employers who are choosing to implement stricter requirements than the guidelines and standards from OSHA and the Safe Federal Workforce Task Force suggest.

I hope you find this information helpful. I suggest you question your corporate leader and human resource departments about their rationale for implementing such extreme measures, especially on remote workers who are not in contact with any other employees or federal workers. They are acting as if these are new laws which must be obeyed. Only our legislators can enact laws. This is a dangerous, deceptive tactic similar to the mask mandates when all of this started. It is destroying our freedoms.

One final important observation from reading the OSHA document is that they are making the claim that the FDA approved the Pfizer vaccine. That is not true. The Comirnaty-labeled vaccines are not available in the United States; therefore all vaccines remain under emergency use authorization and can’t legally be mandated.

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There are NO approved vaccines in the United States

The claim that FDA has approved the Pfizer vaccine is false as there is no Comirnaty in the United States.

Although the FDA “approved” a product labeled Comirnaty, there is no supply of this product in the United States. So, that means that all Covid-19 vaccines available in the United States are under emergency use authorization, and the executive order stating that Phizer had an approved treatment is false.

Senator Ron Johnson inquired about this and it’s critical because experimental treatments can not be mandated. EUA products are experimental and must be voluntary with informed consent.

The senator wrote to Pfizer and BioNTech, “When the FDA made its August announcement it stated ‘[a]lthough COMIRNATY (COVID-19 Vaccine, mRNA) is approved to prevent COVID-19 in individuals 16 years of age and older, there is not sufficient approved vaccine available for distribution to this population in its entirety at the time of reissuance of this EUA.’

On September 13, 2021, the National Library of Medicine within the National Institutes of Health, reported, ‘[a]t present, Pfizer does not plan to produce any product with these new [Comirnaty National Drug Codes] and labels over the next few months while EUA authorized product is still available and being made available for U.S. distribution.’

On September 22, 2021, the FDA reissued the EUA for the Pfizer-BioNTech COVID-19 vaccine, with the same language regarding availability limitations for individuals 16 years of age and older. Based on these statements it appears that individuals who are required to be vaccinated under President Biden’s and the Department of Defense’s vaccine mandates may not be able to receive the fully licensed and approved vaccine.”

It is illegal to mandate an experimental drug. Children’s Health Defense outlines the applicable law.

NOTICE FOR EMPLOYERS, UNIVERSITIES AND OTHER INSTITUTIONS
MANDATING COVID-19 VACCINES

August 31, 2021


This serves as notice that the requirement for any individual to be vaccinated against COVID-19 for employment or participation at a university or other institution violates federal law. The COVID-19 vaccines manufactured by Moderna and J&J are merely authorized, not approved or licensed, by the federal government; they are Emergency Use Authorization (EUA) only. They
merely “may be effective.”


Federal law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) requires that the person to whom an EUA vaccine is administered be advised, “of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.” The reason for the right of refusal stems from the fact that EUA products are by definition experimental.

Even if the FDA approves and licenses existing COVID vaccines, they will remain experimental and thus subject to the international requirement that informed consent is “absolutely essential.”


Nuremberg Code, Article 1; Abdullahi v Pfizer, Inc., 562 F3d 163 [2d Cir 2009]. Phase III clinical trials for the Pfizer vaccine do not end until May 2, 2023; and for the Moderna vaccine until October 27, 2022. EUA products are by definition experimental and thus require the right to refuse. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a
medical experiment. Consent of the individual is “absolutely essential.” A federal court held that the U.S. military could not mandate EUA vaccines to soldiers. Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003). The court held: “…the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs.” Id. at 135. No court has ever
upheld a mandate for an EUA vaccine.

The liability for forced participation in a medical experiment, including injury or death, may be incalculable. Medical and religious exemptions will be insufficient to overcome the illegality of EUA vaccine mandates. Children’s Health Defense urges U.S. employers, universities and other institutions to respect and uphold the rights of individuals to refuse EUA COVID-19 vaccines.

This information must be shared with employers and universities attempting to coerce staff and students into taking this as a condition or enrollment or employment. It must be voluntary because it is experimental. Period. It doesn’t matter what the executive orders state. A president can not create laws.

No Vaccine Mandate Jobs Board

This is an amazing idea. Employers can post jobs, people can post their resumes, applicants can search for jobs.

“We believe that no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others. This job board is for open positions from a variety of companies and locations who align with our values.”

https://novaxmandate.org/

Covid Vaccine: Laws, Rights and Exemptions

11/2/21 Updated religious exemption template

Attached is a sample template that can be modified for your use as your prepare your employee religious exemption.

Vaccine Religious Exemption

As my religious exemption is a federal requirement for employers according to Title VII of the Civil Rights Act of 1964, I respectfully request a reasonable accommodation to maintain my employment with _______________________.

Title VII of the Civil Rights Acts of 1964 prohibits employers from discrimination for religious beliefs.

SEC. 2000e-2. [Section 703]

(a) Employer practices

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

I’m opposed to all genetic therapeutic injections including those designed for Sars-Cov2. It is against my religion to accept an injection that attempts to alter my God-given code of life via synthetically designed genetic code which enters all cells of the body. Moderna describes mRNA therapies as the “software of life.”

It also “tricks” our God-given immune systems by substituting a nucleoside with one that does not occur naturally in our genetic sequence.

They accomplish this by substituting one of the four nucleosides that make up our genes which are A,C, G, and U. They replace U with Ψ.

Important toll-like receptor cells are suppressed by this substitution. They normally catch things that don’t belong in our bodies. They stop viruses, bacteria, cancers and other pathogens from harming us. Suppressing our innate immune system to allow synthetic RNA from these injections is putting us at risk for other diseases. I reject the tricking of my God-given immune system.

It is also against my religion to use any substance in which fetal cells are utilized in the research, manufacturing and testing process. All of the EUA injections utilize fetal cells.

I was created in God’s image and I refuse to jeopardize my salvation by defiling my body which is the temple of God.

16 Know ye not that ye are the temple of God, and that the Spirit of God dwelleth in you?

17 If any man defile the temple of God, him shall God destroy; for the temple of God is holy, which temple ye are. (1 Corinthian 3:16-17)

I respectfully request that you accommodate my exemption as required by law. I agree to  . . .

(Request your accommodation here – such as agreeing to work remote, wear a mask, distance until the pandemic is over).

Sincerely,

Permitted Vaccine Exemptions by State: https://worldpopulationreview.com/state-rankings/vaccine-exemptions-by-state

If you are unable to locate your state statute, or if you’re in a state that does not have a vaccine exemption statute, please reference Title 7 of the Civil Rights Act for employment exemption.

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