OSHA Backtracks on Employer Vaccine Liability

By Seth Hancock

The Occupational Safety and Health Administration (OSHA) has done an about-face regarding an employer’s liability if it mandates the experimental COVID-19 vaccine and an employee suffers an adverse reaction.

As recently reported, OSHA stated it would follow current legal standards under 29 CFR 1904.7 making a business liable for any injuries an employee has to a vaccine if the shot is required by the employer.

However, OSHA states it, along with the Department of Labor (DOL), will no longer enforce the legal standards.

DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations,” an update to OSHA’s frequently asked questions (FAQ) page states.OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.

Prior to this 180-degree turn, the FAQ page stated: “If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related.”

Businesses were allowed to encourage the shots and even help arrange for shots to be given without facing liability.

“Note that for this discretion to apply, the vaccine must be truly voluntary,” OSHA stated. “For example, an employee’s choice to accept or reject the vaccine cannot affect their performance rating or professional advancement. An employee who chooses not to receive the vaccine cannot suffer any repercussions from this choice. If employees are not free to choose whether or not to receive the vaccine without fearing adverse action, then the vaccine is not merely ‘recommended’ and employers should consult the above FAQ regarding COVID-19 vaccines that are a condition of employment.”

The COVID-19 jabs remain experimental with only emergency authorization use from the Food and Drug Administration (FDA). It has led to the largest number of vaccine-related deaths ever recorded by the Centers for Disease Control (CDC) in its Vaccine Adverse Event Reporting System (VAERS).

More deaths have been recorded in the latest VAERS report, 4,647 through May 17, following the COVID-19 shots than all vaccine-recorded deaths over the last 22 years combined. VAERS, historically, only records 1 to 10 percent of vaccine deaths according to a Harvard University study.

Content syndicated from TheLibertyLoft.com with permission.

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