Tag: OSHA

bookmark_borderBiden urges companies to violate employees’ rights in response to SCOTUS ruling

Posted on by Marissa

In response to the Supreme Court’s ruling striking down the federal vaccine mandate for companies with over 100 employees, Joe Biden unsurprisingly made some authoritarian comments.

Here is what Biden said:

“I am disappointed that the Supreme Court has chosen to block common-sense life-saving requirements for employees at large businesses that were grounded squarely in both science and the law. This emergency standard allowed employers to require vaccinations or to permit workers to refuse to be vaccinated, so long as they were tested once a week and wore a mask at work: a very modest burden. As a result of the Court’s decision, it is now up to States and individual employers to determine whether to make their workplaces as safe as possible for employees, and whether their businesses will be safe for consumers during this pandemic by requiring employees to take the simple and effective step of getting vaccinated. The Court has ruled that my administration cannot use the authority granted to it by Congress to require this measure, but that does not stop me from using my voice as President to advocate for employers to do the right thing to protect Americans’ health and economy. I call on business leaders to immediately join those who have already stepped up – including one third of Fortune 100 companies – and institute vaccination requirements to protect their workers, customers, and communities.”

First of all, although not the least bit surprising given that the vaccine mandate was instituted by OSHA at Biden’s urging, it’s still difficult for me to comprehend how anyone could be disappointed at a ruling protecting individual rights from an egregious violation. It’s notable that Biden made no mention of morality, individual rights, or liberty in his address. He describes vaccine mandates as “life-saving,” “common-sense,” and “grounded squarely in both science and the law.” These things might be true (although the majority of the SCOTUS justices would disagree with the “grounded in the law” part), but none of them make it okay to require people to get a vaccine as a condition of employment. Doing so violates people’s rights and is therefore morally wrong. But clearly, the rights of individuals to make their own decisions about their bodies and lives are not particularly important to Biden.

It is telling that Biden characterizes the decision of whether individual businesses are going institute vaccine mandates as a decision about making businesses safe for employees and consumers and protecting people’s health and the economy. The debate over vaccine mandates is fundamentally a question of whether or not businesses are going to violate the rights of their employees. Although health, safety, and a booming economy are all good things to have, none of these things is as important as protecting individual rights. (With regards to Biden’s point about protecting workers, customers, and communities, I believe that forcing workers to do something they do not want to do is the opposite of protecting them, as I explained in a previous blog post.) Contrary to what Biden claims, instituting vaccine mandates is not “the right thing,” but the wrong thing. Instituting vaccine mandates is not “stepping up,” as Biden characterizes it, but rather an act of aggression against employees.

Thanks to the First Amendment, Biden does have a legal right to use his voice to encourage businesses to do the wrong thing. He does have a legal right to advocate that companies violate the rights of their employees. But that does not make it morally right of him to do so. 

The most disturbing part of Biden’s comments was his characterization of the vaccine-or-test requirement as a “very modest burden.” Nothing could be further from the truth. Neither shots nor Covid tests are particularly invasive medical procedures, but that does not make it okay to require them as a condition of employment. Requiring people to provide documentation that they’ve undergone a medical procedure is demeaning, degrading, and dehumanizing. It takes away privacy, it takes away liberty, and it takes away human dignity. When an employer has the power to decide what medical interventions an individual person must get, that individual person is deprived of the right to govern his/her body and his/her life. What is at issue here is not a specific vaccine, nor the act of having one’s nose swabbed. It is the concept of bodily autonomy and self-ownership. It is the fundamental right to make one’s own medical decisions, and that includes the right to decline any medical intervention. Although getting a shot or getting one’s nose swabbed may not be a big deal in itself, the loss of the freedom to independently make medical decisions is absolutely a big deal.

To be forced to submit to medical procedures in order to keep one’s job means to lose one’s dignity, one’s autonomy, and one’s ownership of one’s body. This is far from a “modest burden.”

bookmark_borderThoughts on the Supreme Court ruling

Posted on by Marissa

Like everyone who believes in respecting people’s fundamental rights and dignity, I was relieved by the Supreme Court’s ruling declaring unconstitutional the OSHA rule requiring businesses with over 100 employees to force their employees to undergo medical procedures. For this rule to have gone into effect would have been a tragedy, a grave injustice, and an unprecedented disaster for individual liberty. 

Here are a few of my thoughts on the ruling: 

First of all, as many people have pointed out, the ruling did not go far enough. The court upheld the federal policy requiring the Covid vaccine for all employees at medical places that accept Medicare and/or Medicaid funds. This is unjust and wrong because it eliminates an entire career field as a possibility for people who value their dignity, their privacy, and their right to make their own medical decisions. But at least the ability to work at a company with 100 or more employees is not completely eliminated, as the Biden administration was attempting to do.

Second, the ruling established merely that OSHA does not have the power to require businesses to force their employees to undergo medical procedures. The ruling does nothing to bar Congress from enacting such a policy, let alone states, cities, or individual companies. This is disturbing. In my opinion, no one has a right to require medical procedures as a condition of doing anything. Neither Congress nor states nor cities nor individual companies should be able to enact such a requirement. If the United States was truly a free country, the federal government would take the initiative to protect individual liberty by enacting a law banning medical mandates by any entity.

Defenders of the OSHA rule have argued that the provision giving employees the option of getting a Covid test every week in lieu of the vaccine addresses concerns about medical liberty. I strongly disagree with this claim. Covid vaccination and Covid tests are both medical procedures. And the OSHA rule would have required employees at companies with over 100 workers to do one or the other. Telling someone, “It’s fine not to do this medical procedure; you just have to do this other medical procedure instead ” is completely unacceptable, because it eliminates the option of doing neither. The right to decline medical procedures is fundamental and absolute. It cannot be taken away under any circumstances. Some people consider Covid tests less objectionable than vaccination. But that does not matter. People have a fundamental right to do neither. The OSHA rule would have taken that right away.

Another observation is that many people have characterized the debate over the OSHA rule as a question of employers’ rights. Many people argue that the rule violates the rights of companies by forcing them to be the “vaccine police” for their employees. This is true, but in my opinion the more fundamental problem with the OSHA rule is that it violates employees’ rights. By forcing companies to violate their workers’ rights, the federal government is certainly harming companies, but it is more fundamentally harming workers, because they are the ones being forced to get unwanted medical procedures. 

As the majority of the justices pointed out, the fundamental reason why the OSHA rule is wrong is that it invades employees’ private lives. Unlike, say, masks, respirators, face shields, goggles, gloves, or other PPE, a vaccine is not something that one puts on in the workplace and can take off when one goes home. Unlike, say, bans on smoking or carrying firearms while at work, medical mandates do not merely govern people’s conduct at work and allow them to do what their please in their own time. Undergoing a medical intervention such as a vaccine affects a person while they are at work as well as while they are at home. It affects them while on the clock and while off the clock. Medical decisions about one’s body are the most personal decisions that an individual makes. These decisions are well outside the scope of what an employer should be able to control, regulate, or even know about.

I have heard people use the word “protect” to characterize what the OSHA rule would have done to workers at affected companies. Nothing could be further from the truth. OSHA was founded to protect workers from hazards at the workplace. It was founded to prevent employers from forcing their workers to be around toxic chemicals, to operate dangerous machinery, or do repetitive motions that cause injury, for example. In other words, the purpose of OSHA is to prevent companies from doing harmful things to their workers. However, by enacting the vaccine-or-test policy, OSHA required companies to do harmful things to their workers. To force people to do something they do not want to do is inherently harmful and therefore the exact opposite of protecting them. Under the direction of the Biden administration, a government entity whose purpose is to protect workers did the opposite. 

Thank goodness that the Supreme Court (at least partially) righted this terrible wrong.