Why limit it to employers with 100 or more employees
We are of course are pleased that a federal judge has stayed enforcement of a Biden OSHA mandate due to its profound constitutional implications and charges about its adherence to statutory authority and procedure. The sensible judge by his stay at least has some appreciation of the many states arguments against such mandates as they interfere with rights of the states, their citizens and employers. Perhaps also the logic of the mandate applying only to firms of 100 or more employees might make one skeptical of the OSHA ruling being anything but a power maneuver belying any serious concern about the dangers of COVID transmission in the general industry work environment — not to mention any allegations of an “emergency” or relevant emergency authority.
As to the latter point consider this article appearing at The Daily Signal:
Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates.
The Biden OSHA edict is an attempt to illegally pushing the legal envelope but more so about exercising the bureaucratic bullying technique of pushing policy regardless of the law because the bullies never incur personal liability for doing so. It is about injecting themselves as know it all policy makers. It is about going ahead and breaking the law because the time frame of judicial or other correction is such that their goal is largely achieved. Their attitude is ~~so what if we are told to stop, we will get what we want in the mean time.
If it is a situation that can’t be reversed (can’t be unvaccinated) all the better. Pandoras box for them is a toy chest. It is the equivalent of a criminal enterprise but with a never go to jail card. Genuine respect for constitutionality is not an operative concern, merely something to be glossed over if one can put on a straight face arguing the most extravagant extrapolation of such authority.
So if there is concern for the work environment as regards viruses and vaccines, even as the article above points out is way out of OSHA purview without specific congressional authorization, why limit the impact of the imagined safety protocol only to business with over 100 employees? The vast majority of employers are businesses that have less than 100 employees so is Bidens OSHA saying a large part of the economy does not deserve alleged safe conditions? They said it was because of the administrative burden. How is it a significant administrative burden for any company of any size to make a list of who has been vaccinated and who has not?
OSHA was set up to apply to general industry of all sizes. For example the owner of a five man operation has no less a legal responsibility to provide workers with fall protection equipment on scaffold for example than does John Deere for its maintenance workers — and both need to certify compliance periodically and keep all equipment undated and safe.
The reason is incrementalism and appearance of reasonableness and the bully’s principle of fait accompli to get as much as you can as soon as you can before slow moving courts and legislation and organized resistance can stop the robbing of a huge swath of people of bodily integrity. That is their motivating principle — to establish you as a child of the state.
