OSHA: Employers May Be Held Liable for ‘Any Adverse Reaction’ From Mandatory COVID Shots

OSHA: Employers May Be Held Liable for ‘Any Adverse Reaction’ From Mandatory COVID Shots

The federal Occupational Safety and Health Administration (OSHA) has issued a rather bombshell update to its website which is not good news to companies who force their employees to take the COVID-19 vaccine. Essentially, according to OSHA, companies may be liable for an employee’s adverse reaction to the vaccine if they require them to take it.

In a recent update to the OSHA website’s FAQ section, the agency outlines the “vaccine related” requirement for on-the-job injuries. In three parts it details the liability.

Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log?

In general, an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7 (e.g., days away from work, restricted work or transfer to another job, medical treatment beyond first aid).

If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

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. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.

In a third bullet point, OSHA explicitly notes that employers who do not require their employees to take the vaccine, will not be held liable through the recording criteria in 29 CFR 1904.7. The guideline notes that in order for an employer to be free from liability, the vaccine must be “truly voluntary,” meaning no negative reports for unvaccinated employees.

I do not require my employees to get the COVID-19 vaccine. However, I do recommend that they receive the vaccine and may provide it to them or make arrangements for them to receive it offsite. If an employee has an adverse reaction to the vaccine, am I required to record it?

No. Although adverse reactions to recommended COVID-19 vaccines may be recordable under 29 CFR 1904.4(a) if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7, OSHA is exercising its enforcement discretion to only require the recording of adverse effects to required vaccines at this time. Therefore, you do not need to record adverse effects from COVID-19 vaccines that you recommend, but do not require.

Note that for this discretion to apply, the vaccine must be truly voluntary. 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.

Note also that the exercise of this discretion is intended only to provide clarity to the public regarding OSHA’s expectations as to the recording of adverse effects during the health emergency; it does not change any of employers’ other responsibilities under OSHA’s recordkeeping regulations or any of OSHA’s interpretations of those regulations.

Finally, note that this answer applies to a variety of scenarios where employers recommend, but do not require vaccines, including where the employer makes the COVID-19 vaccine available to employees at work, where the employer makes arrangements for employees to receive the vaccine at an offsite location (e.g., pharmacy, hospital, local health department, etc.), and where the employer offer the vaccine as part of a voluntary health and wellness program at my workplace. In other words, the method by which employees might receive a recommended vaccine does not matter for the sake of this question.

This clarification by OSHA is especially relevant thanks to the The National Vaccine Injury Compensation Program (NVICP) which removes any and all liability from vaccine manufacturers even if their product kills someone.

You can actually prove that you or your child were harmed from a vaccine yet the vaccine maker is completely shielded from liability. Even if you are awarded monetary compensation through the NVICP, the taxpayers are put on the line, not the vaccine makers.

If companies have to start footing the bill for lawsuits related to COVID-19 vaccine adverse reactions, the implications for vaccine manufacturers could be massive especially given the sheer magnitude of adverse events being reported to the CDC from the COVID-19 vaccine.

The most recent data released by the Centers for Disease Control and Prevention (CDC) on the number of injuries and deaths reported to the Vaccine Adverse Event Reporting System (VAERS) following COVID vaccines reveals there have been over 192,954 adverse events reported. Of those adverse reactions, according to the CDC, 17,190 consist of serious injuries, and 4,434 of them are deaths — up nearly 300 deaths, 30,000 adverse events, and 1,000 serious adverse events since we reported on it last week.

 

is known as 'Darren Deleon' or is called 'Pastor Darren' (17)

I, ‘darren...’ on Aug. 6, 1976 was ‘born again’ (John 3:3) by publicly declaring[1]Jesus’ as my ‘Lord’, ‘Judge’, ‘King’ (Isaiah 33:22; John 18:37). My natural, primary allegiance[2] is to God only as my reciprocal obligation and my repudiation & expatriation of any earthly government, nation, society or ruler. Secondly, my contingent allegiance is to my neighbor (‘state’ means the ‘people’) by divine commandments[3] and acts of obedience. The U.S. Supreme Court declared "there is a higher loyalty than loyalty to this country, it is loyalty to God"[4] and “allegiance cannot be due to two sovereigns[5]. By divine commandments, “No one can serve two masters”, Matthew 6:24; “We must obey God rather than man”, Acts 5:29. Maxim: “That which is against Divine Law is repugnant to society and is void”. This declaration again corrects and merely modifies with additional citations, ab initio, any prior presumption (false or correct) of my personal allegiance, citizenship, nationality, society, domicile and consent to a domestic or foreign sovereign or government.  

I, ‘darren...’, based on my religious beliefs, do not owe any allegiance (primary or contingent, political or otherwise), reciprocal obligation, patrocinium, fealty, duty, function, etc. to any country, nation, king, queen, pope, president, judge, ruler, flag or earthly government and its agencies including the United States[6], jointly or severed, or to a Defacto State (as a political sub-division of United States) as repudiated herein and as declared by the U.S. Supreme Court[7]. The American civil legal system is based on freedom which no government has the power to ‘command until one binds himself to it’, “for lex (law) since it binds one to act” and cannot demand allegiance except by one’s consent[8]. Maxim: “An act done against my will is not my act”.  Maxim: ‘Consent makes the law’.

I, ‘darren…’ do not owe any allegiance, loyalty, fealty, submission, obedience, duty, performance, reciprocal obligation, debt, debit, dues, balance, obligation, liability, arrearages or have granted consent [by contract] to any Federal or State Defacto government and their agencies or to the public but owe all to almighty God, (Acts 5:29, Matt 22:15-22 “Give to God, what is Gods’”). See: “He owes no such duty to the State, He owes nothing to the public so long as he does not trespass upon their rights”. Hale v. Henkel, 201 U.S. 43 (1906). See also:  ‘Man verses The State’ (1884); ‘The Right to Ignore the State[9] by Herbert Spencer [philosopher, anthropologist, sociologist].

[1]Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven”. Matthew 10:32, Luke 12:8, Romans 10:9, Revelation 3:5.

[2] See: Genesis 49:10; 1 Kings 12:27; 1 Chronicles 12:29. 29:24; 2 Chronicles 15:14-15, 30:8, Isaiah 19:18; 45:22-23; Ezekiel 17:18-21, 21:23; Acts 17:7; Romans 14:11; Galatians 6:12-16; Hebrews 13:15; Revelation 13:3.  See also: U.S. v. MacIntosh, 283 U.S. 605 (1931) – defendant’s allegiance to the will of God; U.S. v. Seeger, 380 U.S. 163 (1965); allegiance cannot be due to two sovereigns”, Talbot v. Janson, 3 U.S. 133 (1795). Maxim: “That which is against Divine Law is repugnant to society and is void”.

[3] In Matthew 22:35-40: ‘And one of them, a lawyer as an expert in the law, asked a question to test Him. “Teacher, which is the great commandment in the Law?” Jesus said unto him, “You shalt love the Lord thy God with all thy heart, and with all your soul and with all your mind. This is the first and greatest commandment (Primary allegiance). The second is like it: Love your neighbor as yourself (contingent allegiance). "On these two commandments depend the whole Law and the Prophets". See also: “We must obey God rather than man” Acts 5:29.  “No one can serve two masters” Matthew 6:24, Luke 16:13.

[4] U.S. v. Seeger, 380 U.S. 163 (1965). "there is a higher loyalty than loyalty to this country, it is loyalty to God"

[5] Talbot v. Janson, 3 U.S. 133 (1795). “allegiance cannot be due to two sovereigns

[6] Joaquin A. Peignand v. Immigration & Naturalization Svc, 440 F.2d 757 (1st Cir. 1971) one does not have to be a citizen but merely owe his allegiance to the United States.

[7] U.S. v. MacIntosh, supra (ft. nt. 1) ; U.S. v. Seeger, supra (ft. nt. 3); Passports [22 U.S.C. 212 - ‘..those owing allegiance, citizens or not, to the U.S.’];

[8] See: Galatians 5:1; See also: "For in reason, all government without the consent of the governed is the very definition of slavery." Jonathan Swift (1745).

[9] See: ‘The Right to Ignore the State’ Herbert Spencer - 1. The Right to Voluntary Outlawry. “Every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state - to relinquish its protection, and to refuse paying toward its support. It is self-evident that in so behaving he in no way trenches upon the liberty of others; for his position is a passive one; It is equally self-evident that he cannot be compelled to continue one of a political corporation, without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man's property against his will, is an infringement of his rights. Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach; and he has therefore a right so to withdraw”. 6. On Civil and Religious Liberty – “The liberty to worship God in the way that seems to him right, is a liberty without which a man cannot fulfil what he believes to be Divine commands, and therefore conscience requires him to maintain it."…“The claims to ignore the state in religious and in secular matters are in essence identical.”

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