Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
True Colors
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="104Feeder" data-source="post: 5136973" data-attributes="member: 42554"><p>OSHA, like all federal agencies, was created and given power by Congress and signed by Nixon.</p><p>[URL unfurl="true"]https://www.dol.gov/general/aboutdol/history/osha#:~:text=On%20December%2029%2C%201970%2C%20President,most%20of%20the%20country's%20workers.[/URL]</p><p>Federal agencies create administrative law by a process called rulemaking, This a a longer process requiring studies, proposed rulemaking, a public comment period, etc. Once published in the Federal Register the rule has the force of law. The entire green book of Federal Motor Carrier Safety Regulations is an example of this rulemaking process into law. </p><p>[URL unfurl="true"]https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf[/URL]</p><p></p><p>Under certain circumstances, an agency may issue an Emergency Temporary Standard which is what OSHA did in regards to the vaccine or test+mask mandate. The question before the Supreme Court now is whether OSHA exceeded its authority and scope under the 1970 law in issuing the ETS and whether it should have gone the more cumbersome rulemaking route (Note the issue is not the constitutionality or any conspiracy theory 'Nuremberg code" being floated by more Questionable characters.). If the Court says it did, OSHA could go that route, or OSHA could issue a new ETS requiring more stringent PPE use and testing, OSHA or other agencies could use a patchwork of rules and authority to require most American workers to be vaccinated in a more targeted fashion (such as the USDA could require meatpackers to be vaccinated), Congress could also widen the scope and more specifically and clearly authorize such powers in the 1970 law.. Even if it fails there, Cal-OSHA could still enforce their own mandate as they have a carve-out in the 1970 law, The SCOTUS could just take their sweet time issuing a ruling, allowing the mandate to have its effect while restricting Executive power later. I'm leaning towards that route given that they declined to issue a stay and have refused to block other mask and vaccine mandates. Court watchers feel the comments made by the Justices signal they may strike it down. A decision could come any day, in a week or two, or they could wait until May/June when they issue most decisions from a term.</p><p></p><p>[URL unfurl="true"]https://www.scotusblog.com/2022/01/court-seems-poised-to-block-vaccine-or-test-policy-for-workplaces-but-may-allow-vaccine-mandate-for-health-care-workers/[/URL]</p><p></p><p>[URL unfurl="true"]https://www.scotusblog.com/2022/01/breaking-down-the-vaccine-arguments/[/URL]</p></blockquote><p></p>
[QUOTE="104Feeder, post: 5136973, member: 42554"] OSHA, like all federal agencies, was created and given power by Congress and signed by Nixon. [URL unfurl="true"]https://www.dol.gov/general/aboutdol/history/osha#:~:text=On%20December%2029%2C%201970%2C%20President,most%20of%20the%20country's%20workers.[/URL] Federal agencies create administrative law by a process called rulemaking, This a a longer process requiring studies, proposed rulemaking, a public comment period, etc. Once published in the Federal Register the rule has the force of law. The entire green book of Federal Motor Carrier Safety Regulations is an example of this rulemaking process into law. [URL unfurl="true"]https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf[/URL] Under certain circumstances, an agency may issue an Emergency Temporary Standard which is what OSHA did in regards to the vaccine or test+mask mandate. The question before the Supreme Court now is whether OSHA exceeded its authority and scope under the 1970 law in issuing the ETS and whether it should have gone the more cumbersome rulemaking route (Note the issue is not the constitutionality or any conspiracy theory 'Nuremberg code" being floated by more Questionable characters.). If the Court says it did, OSHA could go that route, or OSHA could issue a new ETS requiring more stringent PPE use and testing, OSHA or other agencies could use a patchwork of rules and authority to require most American workers to be vaccinated in a more targeted fashion (such as the USDA could require meatpackers to be vaccinated), Congress could also widen the scope and more specifically and clearly authorize such powers in the 1970 law.. Even if it fails there, Cal-OSHA could still enforce their own mandate as they have a carve-out in the 1970 law, The SCOTUS could just take their sweet time issuing a ruling, allowing the mandate to have its effect while restricting Executive power later. I'm leaning towards that route given that they declined to issue a stay and have refused to block other mask and vaccine mandates. Court watchers feel the comments made by the Justices signal they may strike it down. A decision could come any day, in a week or two, or they could wait until May/June when they issue most decisions from a term. [URL unfurl="true"]https://www.scotusblog.com/2022/01/court-seems-poised-to-block-vaccine-or-test-policy-for-workplaces-but-may-allow-vaccine-mandate-for-health-care-workers/[/URL] [URL unfurl="true"]https://www.scotusblog.com/2022/01/breaking-down-the-vaccine-arguments/[/URL] [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
True Colors
Top