Been trying to figure out where i saw it stated that companies enforcing a mask policy are in turn implying that the masks prevent covid so sine they're not licensed to give medical advice, its illegal to mandate it. If anyone has information on where i could find this stated, i would appreciate it
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It's a mandate not a law.
A mandate is an order. Orders are always inferior to legislated law and the US and State Constitutions.
Im referring to companies policies, not to do with mandates. Saw a law awhile back stating how the policy is illegal, cant seem to hunt it down
You are referring to a State law. Each State has its own wording and identification system for its laws.
Demanding an individual with a medical condition to wear a face mask as a precondition for entering a business may be liable for any resulting injuries.
Herewith, demanding that someone wear a mask, which is designated by the FDA as a “medical device” is the unlicensed practice of medicine. Ordering employees, vendors and patrons to accept medical advice from your store attendants (wearing a face mask or other) is not only a crime (unlicensed practice of medicine), but violates the [State] Statutes §XX.XX Public Access, §XX.XX Public Services, and 42 US Code §2000(a) Public Accommodations, which prohibits discrimination of people with a disability and certain religious convictions. Simply stated, your employees have no idea of my medical condition and are not licensed or insured medical practitioners. The Store Manager and other employees are prohibited by law from giving medical advice, such as advising customers to wear face masks.
An example of a State Law for practicing medicine without a license is henceforth:
[State] Statutes §XX.XX. Practicing Without License “It is unlawful for any person to practice medicine by offering or undertaking to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;”
Any employer and employee assisting in enforcing such unlawful policies is also liable. I have listed these laws as well in my Cease and Desist letters, which have cost each business thousands of dollars for a lawyer to respond to their unlawful acts. In addition:
Businesses are in clear violation of OSHA regulations.
29 CFR 1910.146 Paragraph (d)(2)(iii) of the Respiratory Protection Standard states extensively its rationale for requiring that employees breathe air consisting of at least 19.5 percent oxygen. The following excerpt taken from the OSHA preamble and explains the basis for this requirement:
“Human beings must breathe oxygen . . . to survive, and begin to suffer adverse health effects when the oxygen level of their breathing air drops below [19.5 percent oxygen]. Below 19.5 percent oxygen . . . , air is considered oxygen-deficient. At concentrations of 16 to 19.5 percent, workers engaged in any form of exertion can rapidly become symptomatic as their tissues fail to obtain the oxygen necessary to function properly (Rom, W., Environmental and Occupational Medicine, 2nd ed.; Little, Brown; Boston, 1992). Increased breathing rates, accelerated heartbeat, and impaired thinking or coordination occur more quickly in an oxygen-deficient environment. Even a momentary loss of coordination may be devastating to a worker if it occurs while the worker is performing a potentially dangerous activity, such as climbing a ladder. Concentrations of 12 to 16 percent oxygen cause tachypnea (increased breathing rates), tachycardia (accelerated heartbeat), and impaired attention, thinking, and coordination (e.g., Ex. 25-4), even in people who are resting.
At oxygen levels of 10 to 14 percent, faulty judgment, intermittent respiration, and exhaustion can be expected even with minimal exertion (Exs. 25-4 and 150). Breathing air containing 6 to 10 percent oxygen results in nausea, vomiting, lethargic movements, and perhaps unconsciousness. Breathing air containing less than 6 percent oxygen produces convulsions, then apnea (cessation of breathing), followed by cardiac standstill. These symptoms occur immediately. Even if a worker survives the hypoxic insult, organs may show evidence of hypoxic damage, which may be irreversible (Exs. 25-4 and 150; also reported in Rom, W. [see reference in previous paragraph]). https://www.osha.gov/laws-regs/federalregister/1998-01-08
OSHA further states the following: “In some cases, respirator use itself can cause illness and injury to employees. There are a number of physiological burdens that are associated with the use of certain types of respirators. The weight of the respirator, breathing resistances during both normal operation and if the air-purifying element is overloaded, and rebreathing exhaled air from respirator "dead space" can all increase the physiologic burden of respirator use (Exs. 113, 22-1, 64-427). Job and workplace conditions, such as the length of time a respirator must be worn, the level of physical exertion required of a respirator user, and environmental conditions, can also affect the physiological burden (Exs. 113, 64-363). In addition, workers who wear glasses or hearing aids may have problems achieving appropriate fit with some respirator face pieces.” https://www.osha.gov/laws-regs/federalregister/1998-01-08
Atmospheric air contains 20.95% oxygen. OSHA has provided regulations when wearing a respirator and state when the oxygen content drops below 19.5%, it is harmful to the human body. A 19.5% oxygen content is only a 1.45% drop in oxygen from atmospheric O2 content. Again, OSHA states: “. . . rebreathing exhaled air from respirator "dead space" can all increase the physiologic burden of respirator use (Exs. 113, 22-1, 64-427).”
Human exhale contains 84 percent non-breathable gases. How much exhale is trapped in the dead space of a face mask that is breathed back into the lungs and the effects of its physiologic burden? It’s deleterious extent? Duration? https://sciencing.com/chemical-composition-exhaled-air-human-lungs-11795.html
Sorry, but that's ridiculous. You can't provide medical advice by simply complying with a legal requirement. If that were the case, workplaces wouldn't be able to carry first aid kits, make food preparation staff wear gloves and hairnets, or even get their employees to wash their hands after going to the bathroom despite being legally required to do so.
FWIW, I'm a lawyer.
yes i understand soap kills germs, but where does it say masks prevent covid. thats the question i have, saw something specific about it a while back, cant find it now
I believe the premise behind it is that COVID-19 is carried via droplets that are created when you breathe/talk/cough. The masks are supposed to reduce the amount and distance these droplets can travel. While masks are considered a medical device, the guidance provided by the CDC, etc. likely circumvents the case of someone practicing medicine without a license. I'm thinking the court is going to view it the same as a company requiring an employee to wear a hair net, long sleeves, etc.
FWIW, I'm not a lawyer.
By your logic, wouldn't it be "medical advice" for an employer to force an employee to wear gloves when touching food because wearing gloves supposedly reduces the transmission of diseases like hepatitis? There's research out there suggesting that bare hands can be more sanitary in a lot of contexts, so it's not like it's proven that gloves are always better - it is just a legal requirement. Or, wouldn't it be medical advice for an employer to force their staff to serve food with tongs, even though they aren't legally required to do so, because it's supposedly more sanitary (even though there's research suggesting the opposite - cross contamination risks, etc.). Obviously not - you don't have to be a doctor to try to make your workplace more sanitary, even if your efforts are misguided.
As long as you're not literally pretending to be a doctor/nurse/licensed professional, enforcing broad beliefs or even providing advice about how to prevent or treat illness in general is not "providing medical advice". Beyond pretending to be a doctor to seem more authoritative, illegal medical advice is stuff like actively diagnosing or attempting to treat a specific person's specific illness - stuff literally only doctors can do.
THERE ARE NO FACE DIAPER "LAWS." Pure and simple, these demands are unconstitutional, immoral, anti-American, harmful to the schmuck who wears one, violate the unalienable and God-given rights of all Americans....At some point, it will come down to this. Any ordinance, mandate, code, regulation applies to public servants, not to we, the people. The demons DO NOT CARE about the people. Either stand up for yourselves or remain on your knees.
If they're allowed to mandate anything, THEY WILL MANDATE EVERYTHING. Nothing will keep them from mandating that people kill themselves. This shit has got to stop and only the people can stop it.
I believe it goes state by state