Biden Issues Mandates for Federal Employees & Private Business
Yesterday Biden announced his "6-pronged plan" to fight the virus. And I will be honest I blanked out after he announced the mandates on private businesses. I would have no clue if there were 6-prongs or 20.
I expected it to be bad and for him to overreach, but I admit I was surprised by this approach. I got many questions about "how is he doing this," let me break it down for you because it's a doozy.
Essentially, Biden found a workaround that he believes possibly has just enough teeth to "authorize" him to issue this mandate. The "workaround" is using OSHA (Occupational Safety and Health Administration), a regulatory authority of the Labor Department.
This is a retweet from White House Chief of Staff Ronald Klain that he has since deleted
OSHA has the authority to issue workplace health and safety regulations. These regulations include limits on hazardous chemical exposure, employee access to hazard information, requirements for the use of personal protective equipment, and requirements to prevent falls and hazards from operating dangerous equipment.
Hidden within the Occupational Safety and Health Act, which was signed into law in 1970 by Nixon, there is something called an emergency temporary standard. Here is what it says:
(1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, Unites States Code, for an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines --
(A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and
(B) that such emergency standard is necessary to protect employees from such danger.
"Without regard to the requirements of chapter 5, title 5, Unites States Code," means that they do not have to go through established Administrative Procedures.
What is debatable is what's the standard for "grave danger" and is this "necessary to protect employees of such danger?"
Also, notice that the rule says "substances or agents," so is a virus a substance or agent?
That, my friends, is how Biden believes he has found a workaround to limit American citizens' freedoms and threaten their jobs. Through a freaking bureaucratic administrative exception.
What is he doing with the "emergency temporary standard?"
The Labor Department though OSHA, will order all companies with at least 100 employees to enact vaccination or weekly testing rules.
They are expected to issue it 'in the coming weeks,' the White House said.
Businesses that don't comply will face fines of up to $14,000 per incident. Yes, that is per employee.
Mind you, at no point during his speech was there a standard, benchmark, or date for when this emergency temporary standard would end. This could go on forever, and there is no guarantee this will be the last of it.
What Should You Do?
First, take a deep breath and hold tight. Maintain whatever decision you have personally made for your health. There is a process here, and we need to let it play out.
That being said. It is time to get loud! And defend medical freedom and your freaking job! Regardless of your vaccination status, do not support the coercion of people into a medical treatment. It is wrong.
This means contacting both state and federal government representation and telling them how important it is to you that they protect your freedoms.
If you have a good relationship with your employer, let them know where you stand.
If you are an employer who can financially push back on these mandates, do it. Get ready now.
If you're a small business and are worried that fines like these could put you out of business, coordinate with other small businesses and pull your resources. Be open and honest with your employees, and you may find a way to support each other. Get a game plan together now just in case, be creative.
Suppose you are a business owner with ten employees and can find a way to hire ten more; get ready to do it. Just don't hire more than 99 employees. ;)
Biden ran on a platform for of unity and a return back to normal. The media portrayed him as a sweet old grandpa. And he said last year that he would not issue mandates. Some are surprised by how Biden is governing. I am not.
What did he say about 80 million Americans during his speech yesterday? That "they", every unvaccinated person, is the reason this pandemic continues. He called it a "pandemic of the unvaccinated". This is a clear move to create an us vs. them mentality. This is not unity.
He then said "We've been patient. But our patience is wearing thin. And your refusal has cost all of us." This is a threat. He is willing to push further. This president is ok with violating your liberty.
The wheels are in motion. Multiple governors have already announced that they will be preparing to push back on these mandates, and private businesses like The Daily Wire are already working with attorneys to file suit as soon as this goes into effect.
This will be a battle in the courts. My guess is that someone will file an emergency stay. And after looking at the requirement of the emergency temporary standard, I would be surprised if this holds. But I am not an expert, just a defunct former paralegal.
But don't sit back and assume someone else is taking care of this; get active and take some control into your own hands; as I mentioned a hundred times before, get involved locally. Learn your local government and get involved. Many of us are so focused on national politics that we forget that we can make the most change at the local level. But we know next to nothing about our local government or how to get involved. That is why I created this workbook, "How to Organize." This workbook will help you learn about your local government and an exercise on how you can get involved.
Hold the line.