Then I'll do you the courtesy of continuing.
lots of word to really not answer my point.
Actually, you don't make a point. But, I'll be specific.
the vaxx mandate for 100+ people in a business is just that
Is just what? Does the rule require vaccines?
No. You are basing your argument on a
non-fact. It's an
optional scenario. Since vaccination status significantly reduces the transmission risk, the employer has alternative choices. Does the rule
encourage the employer to mandate vaccines? Yes. Does it require them to? No. Can employers mandate vaccines? In most circumstances, yes (absent bargaining limitations), as is well established in the courts.
masks, PPE and all that are of course helpful in limited fashions ( PPE much more then masks)
Limited is all that is required.
but the mandate is simply for the vaxx. so lets talk about just that
Again, not the fact. Asserted and answered.
Sotomayor made some crazy statements like "what if it were machines flying off sparks -would not OSHA have the emergency use authority"
If it was a grave exigent danger then yes. People are not machines however and the" sparks flying off" like Covid transmission
is not fixable just by a workplace mandate. So the exigent threat doesnt "arise" ( from the law) simply from being at a workplace
You're basing this on... what? Not science. Not the law. The exigency is COVID transmission, is it not? The rule applies
to the workplace only, does it not? Now who's talking nonsense?
the emergency use has only been tried like ten times and most were shot down by the courts
Based on
their unique facts, which are beyond this discussion.
cases were like peach tree pickers and WORKERS EXPOSED TO HAZARDS due to work conditions
Where, pray tell, are these workers being
exposed to hazards within the scope of OSHA's authority?
You see, you're not addressing the
actual rule, the
actual law, or its
actual application. Your post is full of conjecture based upon
your personal predilection, not congressional intent, not the facts, not the law, not the adjudication requirements or authority. I believe that is also the basis upon which the SCOTUS majority will rule, which is exactly the problem and the basis for most complaints about judicial activism.
I think, too, you can appreciate my frustration with your argumentation.