As a side note, they work for a major pharmaceutical. EEOC complaint in the works. She cannot breathe, and after working from home for 2 years during the pandemic, they now are forced to return to the office as the company cannot function with them off site. I know one peer revied study was retracted by the publisher of the journal, not the scientist. Looking for something with more teeth.
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A while back @/u/MAG768720 posted the following:
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. That authority is in the Code of Federal Regulations, and specifically at:
29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928 It's the 3rd line on Page 1.
"29 CFR" means Title 29, Code of Federal Regulations, which are regulations for "29 USC," with is Title 29, United States Code.
What are these "Parts 1910, 1915, 1917, 1918, 1926, and 1028?"
Here is the overview 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 with 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.
Why Face masks suck
https://greatawakening.win/p/13zg4xOG6D/why-masks-suck/c/
Resources for not wearing face masks
https://greatawakening.win/p/13zgX36wYn/has-anyone-ever-used-this-to-fig/c/
OSHA Face Mask Regulations
Every business with employees is subject to the U.S. Department of Labor Occupational Safety and Health Act and is required to know employer obligations regarding health and safety. OSHA’s General Duty Clause requires employers to maintain safe workplaces free from known hazards that can cause injury, illness or death. Employers that fall under the oversight of the General Duty Clause must comply with all the safety and health standards listed in the Occupational Safety and Health Act. Since it is [YOUR COMPANY] policy for its employees to wear face masks, it must comply with OSHA rules and regulations.
https://yourbusiness.azcentral.com/companies-required-meet-osha-regulations-2788.html
[YOUR COMPANY] may be in violation of OSHA regulations regarding face masks/respirators and therefore liable to injury/disability lawsuits. There are some small business exemptions from OSHA reporting, however the exemption does not apply if a workplace incident causes the death or hospitalization or if OSHA specifically asks the employer to keep such records. OSHA defines the term “respirator” as Personal Protection Equipment (PPE) and regarding the face mask guidelines, it most often refers to the N95 face mask. OSHA has issued COVID-19 guidelines that pertain to these respirators.
OSHA does not consider cloth face coverings (whether homemade or commercially produced) to be Personal Protection equipment (PPE). This does not exempt [YOUR COMPANY] from liability to injury as a result of this policy. Cloth face coverings don’t protect employees from airborne infectious agents because of their loose fit and lack of seal or adequate filtration.
https://www.osha.gov/SLTC/covid-19/covid-19-faq.html
Furthermore, OSHA references that the CDC reported that more research is needed on the scope of their protection and filtration levels.
https://ohsonline.com/articles/2020/11/19/osha-updates-faq-to-include-comment-on-cloth-face-masks.aspx
The OSHA “General Rule” states employers must create a workplace from perceived risks that are causing or are probably going to make demise, or genuine physical damage his representatives.
This provision thereto specifies that every business should follow word related well-being and well-being measures proclaimed under OSHA.
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 In addition, what is the effect of moisture from human exhale on the efficacy of the mask? How does this effect the physiologic burden, especially to an individual who has a medical condition?
How much time does it take for moisture to accumulate in the mask to reduce oxygen intake and for it to drop below 19.5%; that is to say, a drop of only 1.45%?
These are factors affecting all individuals wearing face masks. I mention this only to raise awareness of the deleterious effect to those individuals like me with a medical condition.
Masks are assumed to be effective in obstructing forward travel of viral particles. But this is not the case. The jets from exhale will disperse taking the least resistive path to the open atmosphere and this tends to be not through the mask filter. The exhale not trapped in the dead space of the mask will disperse around the edges of the mask where gaps tend to exist. There have been farther transmission of virus-laden fluid particles from masked individuals than from unmasked individuals, by means of “several leakage jets, including intense backward and downwards jets that may present major hazards,” and a “potentially dangerous leakage jet of up to several meters.” See Exhibit A for a depiction of what actually occurs.
https://arxiv.org/abs/2005.10720,
https://arxiv.org/ftp/arxiv/papers/2005/2005.10720.pdf
All masks were thought to reduce forward airflow by 90% or more over wearing no mask. However, Schlieren imaging showed that both surgical masks and cloth masks had farther brow jets (unfiltered upward airflow past eyebrows) than not wearing any mask at all, 182 mm and 203 mm respectively, vs none discernible with no mask. Exhibit A.
Backward unfiltered airflow was found to be strong with all masks compared to not masking.
For both N95 and surgical masks, it was found that expelled particles from 0.03 to 1 micron were deflected around the edges of each mask, and that there was measurable penetration of particles through the filter of each mask ( SARS-CoV-2 measured as being 0.125μm in size).
https://www.tandfonline.com/doi/pdf/10.1080/15459620903120086
A properly fitted N95 will block 95% of tiny air particles down to 0.3μm from reaching the wearer’s face. However, it will not block viral pathogens such as SARS-CoV-2, which have a 0.125μm size. For easier breathing and less moisture build-up inside the mask, some N95 are manufactured with a exhaust/exhalation valve. However, these face masks are not recommended for SARS-CoV-2 as stated on Page 3, 3a. “Definitions” of [State] EO XXXX: “Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air.”
Surgical N95s are normally tested for fluid resistance and flammability.
https://www.osha.gov/memos/2020-04-03/enforcement-guidance-respiratory-protection-and-n95-shortage-due-coronavirus