WTF... How can OSHA hold jurisdiction here when this whole matter is unconstitutional to begin with. Am I missing something??
“I think that, yes, when OSHA promulgates [the ETS] it will preempt Abbot’s order to the extent that OSHA holds jurisdiction,” Professor of Law at the University of Texas at Austin Tom McGarity told The Epoch Times.
McGarity adds that while a number of Republican state attorneys general have vowed to challenge the temporary standard when it comes out, he thinks they will lose in court.
“My view is that it’s probably authorized by the Occupational Safety and Health Act, because I think that there is a grave danger in workplaces that is posed by COVID, and that’s what OSHA needs to find is there a grave danger,’ said McGarity.
The OSHA law on ETS states: “Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately and are in effect until superseded by a permanent standard. OSHA must determine that workers are in grave danger due to exposure to toxic substances, or agents, determined to be toxic, or physically harmful, or to new hazards and that an emergency standard is needed to protect them.”
WTF... How can OSHA hold jurisdiction here when this whole matter is unconstitutional to begin with. Am I missing something??