OSHA: Employers may be Liable for Adverse Reactions to COVID Shots

Adverse Reactions to Mandatory Vaccinations are OSHA – Recordable.

OSHA recently updated its guidance on COVID vaccinations. LifeSiteNews published an article on O5/10/2021. https://www.lifesitenews.com/news/employers-may-be-liable-for-any-adverse-reaction-from-mandated-coronavirus-shots-osha

“WASHINGTON, D.C., May 10, 2021 (LifeSiteNews) — The federal Occupational Safety and Health Administration (OSHA) has put employers on notice that should they attempt to require employees to receive injections of experimental COVID-19 gene-therapy vaccines a resulting adverse reaction will be considered “work-related” for which the employer may be held liable.”

OSHA’s April 20, 2021 Frequently Asked Questions included this:

“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.”

Employers and Universities Mandating COVID Vaccines Might be Violating Other Federal Laws as Well.

Here is additional information from near the end of the article:

“Furthermore, it’s also possible employers requiring these injections may be held legally liable for violating federal law. According to America’s Frontline Doctors (AFLDS), products approved for emergency use only “are prohibited from being mandated by federal law.” The U.S. Food and Drug Administration’s emergency use authorization (EUA) specifically states that individuals must have the free “option to accept or refuse” these vaccines. Many argue the prospect of being terminated from one’s job by refusing such vaccines certainly undermines such necessary freedom.

Therefore, attorneys Mary Holland, president of Children’s Health Defense, and Greg Glaser warned last January that employers and universities who seek to defy the EUA law and attempt to require such injections of employees and students “are likely to lose if challenged in court.”

Conclusion:

Please encourage business and educational leaders to slow down and avoid making knee-jerk reactions, especially when dealing with matters of health and safety.

Thank you!

Michael Oswald

michael@msochartered.com

www.msochartered.com

Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.

© 2021 Michael S. Oswald

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