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November 10, 2021

Coronavirus Week 83A: The vax mandate is out

President Biden's Occupational Safety and Health Administration released its vaccine mandate at the end of last week, as many people obviously know.

First, let's note it isn't actually a "vaccine mandate," even though many in the mainstream media call it that.

Companies EITHER require the shot OR require employee tests once a week. The former is easier, so, barring antivaxxer CEOs etc., companies will head that way.

Second, the burden is split between employers and workers. Workers get paid time off to get the shot, but, if it's no longer free? They have to pay for it (unless, as NPR notes, they are unionized and this becomes a matter for collective bargaining.)

Third, if you are in health care, it IS a mandate. No weekly testing option.

Fourth? Starts into effect early next year.

That said, as another NPR piece notes, for biz that aren't federal contractors, who are the subject of a mandate or test rule already released (ie, three big airlines headquartered in Texas), this is largely a self-enforcement deal. OSHA, which does, by many consumer and labor advocate activists, a skimpy job with what's already under its remit, doesn't have the staff to go checking on your local widgets manufacturer or telephone call center of more than 100 employees. That said, employees narcing on co-workers or bosses, per the piece? Quite possible. But, how will OSHA be set up to accept such complaints, protect employee privacy, then follow through.

And, of course, it's in court already and the Fifth Circuit, of course, has put it on hold. I think it's on solid legal ground in theory, but who knows in reality? Fourteen months ago, I would have been more confident, but with Barrett now on the Supreme Court, that changes everything on a lot of related issues. Remember that before she came on board, the Supremes originally said states could close churches. Then, with a different law, and her there, it flipped.

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