OSHA Emergency Temporary Standard

OSHA is not acting like there is an emergency and Gov. DeWine said there isn't

It is premature to require employees to vaccinate or test based on a non-existent OSHA emergency temporary standard (ETS). OSHA must show that contracting COVID-19 results in “incurable, permanent, or fatal consequences” to workers. Even if an ETS is issued, Of six emergency rules issued by OSHA challenged in court, five have been stricken. The only ETS that survived legal challenge came about in 1978 when OSHA issued an emergency rule to protect workers from vinyl cyanide exposure-a workplace hazard. An ETS based on a non-workplace danger is likely to be stricken. OSHA's failure to quickly create an ETS also mitigates against Covid19 being an "emergency." For OSHA to mandate vaccines for illnesses existing “in society at large” violates the federal Constitution’s preservation of States’ powers to protect the health and welfare of their citizens; violates the Ohio Constitution Article I, Section 1; and fails to recognize that Ohio is not in a state of emergency. On June 17, 2021, Governor DeWine announced that he was lifting the COVID-19 Pandemic State of Emergency Order. A prudent employer should protect its workforce by resisting shot mandates or testing regimens pre-ETS and post-ETS. Employers who put workers first will have little problem with retention or hiring. Employees should be free to choose what make sense for their age and health conditions.