As many have already heard, the Biden administration’s COVID-19 vaccine mandate applies to all private businesses with more than 100 employees, and affects about 84 million workers who will be required to get vaccinated or submit to weekly COVID-19 testing in order to remain employed.
The unvaxxed are also required to wear face masks at their workplace beginning December 5.
A flip to page 1,590 of the rule shows it also requires private employees to relinquish their medical records to the federal government. The mandate states employers must “allow OSHA [Occupational Safety and Health Administration] representatives to examine and copy each employee’s COVID-19 vaccine documentation … the roster of employee vaccination status … and each employee’s COVID-19 test results.”
In addition, the rule states OSHA has the “right of access to records relating to employer compliance with occupational safety and health standards and regulations, including access to relevant employee medical records.”
The rule continues:
OSHA does not believe that its inspectors need to obtain employee permission to access and review personally identifiable information. Gaining this permission would essentially make it impossible to obtain full access to the records in a timely manner, which is needed by OSHA to perform a meaningful workplace investigation.
On Saturday, the U.S. Court of Appeals for the Fifth Circuit temporarily halted the mandate, deciding “the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.”
But, on Monday, the Biden administration asked the court to lift its pause on the mandate for private businesses, at the same time the White House told businesses to move forward with the rule, claiming a halt could lead to many lives lost.
The regulation imposes on employers a fine of nearly $14,000 per violation and at least $136,000 for repeated violations.
Missouri Attorney General Eric Schmitt (R) led a coalition of 11 states Friday in filing a lawsuit to block the Biden administration’s mandate.
Schmitt said in a statement:
The federal government should not be forcing private employers to require their employees to get vaccinated or foot the cost to test those employees weekly. Local business owners have told me that the vaccine mandate would decimate their businesses, including some that have been around for decades, and they’re certainly not alone – there are thousands of businesses in Missouri alone that could be negatively affected by this mandate. That’s why I’m taking Joe Biden and his administration to court – to protect personal freedoms, preserve Missouri businesses, and push back on bureaucratic tyrants who simply want power and control.
The petition, filed at the U.S. Court of Appeals for the Eighth Circuit, states:
This mandate is unconstitutional, unlawful, and unwise. The federal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States’ powers expressly reserved by the Tenth Amendment. OSHA also lacks statutory authority to issue this mandate, which it shoe-horned into statutes that govern workplace safety, and which were never intended to federalize public-health policy.
The attorneys general from Arizona, Montana, Nebraska, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, and Wyoming also joined the lawsuit.
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