Will the attorneys of this country figure out the LAW ... and argue it correctly in court?
The federal government has LIMITED jurisdiction to do things, as defined in the US Constitution.
Let's look at the recent OSHA document, called "COVID-19 Vaccination and Testing; Emergency Temporary Standard."
https://public-inspection.federalregister.gov/2021-23643.pdf
Right up front, on the first page, it cites the Department of Labor, OSHA's authority to issue this report. It's the 3rd line on Page 1. That authority is in the Code of Federal Regulations, and specifically at:
29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928
"29 CFR" means Title 29, Code of Federal Regulations, which are regulations for "29 USC," which is Title 29, United States Code.
What are these "Parts 1910, 1915, 1917, 1918, 1926, and 1928?"
Here is the Table of Contents:
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII
Part 1910 - This is ONLY a directive to the Secretary of Labor to create regulations. It has no other authority.
... the Secretary shall ... by rule promulgate
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-A/section-1910.1
Part 1915 - This applies ONLY to ship repairing, shipbuilding, and shipbreaking.
... the provisions of this part shall apply to all ship repairing, shipbuilding and shipbreaking employments and related employments.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1915
Part 1917 - This applies ONLY to marine terminals.
The regulations of this part apply to employment within a marine terminal ...
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1917
Part 1918 - This part applies ONLY to longshoring.
The regulations of this part apply to longshoring operations and related employments aboard vessels.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1918
Part 1926 - This one is a little tricky to follow, but we start with 1926.1, "Purpose and Scope" --
This part sets forth the safety and health standards promulgated by the Secretary of Labor under section 107 of the Contract Work Hours and Safety Standards Act. The standards are published in subpart C of this part and following subparts.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926
Subpart C is found in 1926.20, "General Safety and Health Provisions" --
Section 107 of the Act requires that it shall be a condition of each contract which is entered into under legislation subject to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), as defined in § 1926.12, and is for construction, alteration, and/or repair, including painting and decorating ...
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-C
Then, we look at Section 1926.12, "Reorganization Plan No. 14 of 1950" --
Reorganization Plan No. 14 of 1950 relates to the prescribing by the Secretary of Labor of “appropriate standards, regulations, and procedures” with respect to the enforcement of labor standards under Federal and federally assisted contracts which are subject to various statutes subject to the Plan.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926
So, 1926 ONLY applies to "construction, alteration, and/or repair including painting and decorating ... for GOVERNMENT CONTRACTORS.
Part 1928 - This part applies ONLY to agricultural operations.
This part contains occupational safety and health standards applicable to agricultural operations.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1928
In summary --
1910 - Directive to the Secretary of Labor to create regulations (which he did).
1915 - Only applies to shipbuilding and repairing (i.e. government employees and/or contractors)
1917 - Only applies to marine terminals (i.e. government employees and/or contractors)
1918 - Only applies to longshoring (i.e. government employees and/or contractors)
1926 - Only applies to hazardous occupations involving painting and decorating (for government contractors)
1928 - Only applies to agricultural operations -- and even that only applies where the federal government has some interest, such as logging federal property (i.e. government contracts).
The ENTIRE "vaccine mandates" are directed ONLY to government employees and/or contractors. Is this constitutional? Well, injecting drugs for a fraudulent reason is not, but otherwise these provisions are within the fed's authority (OSHA, overall) -- PROVIDED they ONLY apply to federal operations.
Notice that three of them apply to ships, longshoring, and ship terminals. Why? Because the Constitution delegates to the feds the ability to have what are known as "federal enclaves" -- not a term used in the Constitution, but a term used by Congress to distinguish specific federal property listed in the Constitution at Article I, Section 8, Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
The "forts, magazines, arsenals, dockyards, and other needful buildings" are the federal enclaves where the feds have jurisdiction (if agreed to by the State that surrounds these locations).
It is the dockyards where the ships are built and repaired, and where hazardous chemicals are used that the feds have authority to protect the workers.
In addition, Part 1928 includes similar rules for areas that the feds have control over, such as federal lands where logging and other hazardous activities take place.
That is ALL that the federal government has authority to regulate when it comes to health hazards.
They do NOT have constitutional authority to regulate Mom and Pop businesses across the 50 States of the Union.
Will the attorneys in the USA ... WAKE THE FUCK UP ... and learn what the REAL law actually is?
The government doesn't have to legally mandate anything. They just threaten to enforce a new "policy"... and our business leaders are stupid enough to agree to implement it in their companies, even though it's illegal for the government to enforce.
You don't need to have legal authority... if you can just bark an order and stupid people follow it.
And control freak people (like most in HR departments) followit
In that case ... stop being a fucking "victim."
STAND UP.
Join the Week long sick-out. Call in sick this week; let them see the numbers of people who won’t stand for this
The companies are not stupid...they need the government cover to do what they wanted to anyway.
This and the $$$ fine.
Great post. However, the Biden administration and many of the courts are, at this point, not following the law. They're just doing as they please. Maybe something or someone will eventually turn that around.
And in some cases they are getting away with it due to uninformed citizens. An informed citizenry is the bane of any tyrant. I keep telling people, they don't need this exemption or that exemption. They already have the constitution.
Doesn't matter. If your company is stupid enough or bullied enough to fire people based on this non-existent "rule" you are still fucked. Only plus is a huge lawsuit sometime in the future given the plan plays out as we think...Right now, laws mean nothing. Ayn Rand.... “Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.”
The lawsuits will be coming..... Corporations cannot make law or rules that violate existing law. There's something else going on here and it is not Xiden's mandate that is being used as smoke screen either.
I believe it is the Big international banks that are dictating this policy behind the scene. Why do I think that? We have already seen banking concerns canceling banking relationships with gun manufacturers and other entities representing patriotic themes. Even survival food businesses have had their banking accounts pulled.
Corporations rely on banks for loans for making payroll. Sales is a very sinusoidal occurrence for profits. Some months are very good while other months sales are simply not there. This is where banks are used to flatten the curves and make payroll payments stable. I believe banks are making dictates to corporations about establishing mandatory Vaxx policies in order to continue doing business with the Banks. This is why we saw so many companies preempting the Vaxx mandate before the OSHA guidelines were ever published.
Now that the OSHA Guidelines have been published, it is more of the same fraud and deception as it was with the previous FDA announcement that the Pfizer Vaxxine was approved. It was all a BIG LIE. It was NEVER approved. Only the EAU was extended. This is more of the same.
Hence the need to squelch this now. We will not get another shot.
Rand was ahead of her time. But all I see around here is doom and gloom and waiting for that cowboy to ride in on a white horse.
Why don't WE ... WAKE THE FUCK UP ... and learn to go after the criminals?
Not ALL judges are corrupt and stupid. Many are, but not all.
FIGHT BACK.
How can any company push a vaxx when you tell them that it is ONLY for dockyard workers and government contracts -- and even then, only SOME government contracts?
I agree on fighting back. My son is facing a forced jab or firing. His boss is clueless. Telling him the facts is like talking to a ..... sheep. He doesn't care, he is only following orders. The higher-ups are in on it or deluded/bribed. Fighting back will include getting fired and then going forward and dealing with the consequences until this thing goes kinetic. Then being the boss and firing people will be.... uncomfortable?
I wouldnt be suprised if you start seeing a lot of dead bosses soon.where it goes from there is anybody's guess but when you make enough desperate people sooner or later some will be out for vengeance.
Great work
When I had to point this out to my employer who IS a law firm, I can actually tell you the undeniable truth they are idiots.
When anyone mandates a policy #1 it is not a law and #2 once certain groups are exempt its discriminatory, null and void.
Excellent research and explanation with sources!
Thank you for this post.
I don't see Anywhere In the constitution where OSHA has the ability to mandate a damn thing? Or did i read it wrong
Is this why q said titanic? Only ship personnel will be affected lol
Yes I think their guidance says it’s only for workers who have to be in & around other workers. And they have to still offer weekly testing & masks if no jab. Work from home workers it’s not needed- my husband looked it up today.
Thank you
Gee and I thought OSHA was put into place primarily because of mining.
Saved
I don't think the law matters much any more.
Look at the election steal. The courts were less than useless in the face of mountains of evidence.
Judges don't care about the law, they just do whatever the fuck they want.