OSHA - Litigation over covid, rules, regulations, etc

752 Views | 6 Replies | Last: 5 yr ago by Lone Stranger
beerad12man
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What are everyone's thoughts on OSHA being able to set rules/regulations for a company for a virus? Sure, I can see the emergency order due to pandemic status, but is this something that can actually stick long term when not in a pandemic? When it's no longer classifies this way, this seems like something that would have to be removed, right? I know that anyone can sue anyone else at any time for anything, but I just mean in terms of actually having any legal basis to stand on? That's the important part. If it's clear no one can win a lawsuit over covid, then this is done. Then and only then will it ever be back to old normal.

I want to know what kind of precedent we are setting, and if there is anything that can or will be done about it to remove these? What are your predictions? These won't be necessary here in short order, so will many workers still be wearing masks for 40+ hours a week even if covid has fizzled off the planet and our numbers are less than that of a normal flu year in 3 months?

Has any company been successfully sued to this point over it? It just seems a logistical nightmare to not only prove you got covid at work, but it was the works incompetence that caused you to get sick.
Tom Doniphon
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Anything that limits OSHA's roles, responsibilities, or rules for business is a win.
Ag87H2O
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I have never understood how someone could prove where they contracted COVID. Seems virtually impossible to me to pinpoint unless they are completely isolated outside of their workplace. No grocery store, no convenience store for gasoline, no church, no visitors at home, nothing else. Even then, how do you prove you didn't catch it from someone that was positive that was wearing a mask since masks aren't 100% effective?

Discovery would get into contact tracing the sick individual's personal travel and interactions and that could go on forever. All it would take would be to find one person outside the workplace that they had come in contact with that had COVID or that they had come in contact with that had been exposed to COVID and the case is blown.

Then again, with the likely liberal jury pool in some jurisdictions it might be a crapshoot.
MouthBQ98
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The CDC is going to keep millions of employees stuck doing bull**** CoVID mitigation long after the threat is over simply to inflict sadistic misery on the population in an attempt to continue providing an opportunity for sanctimonious virtue signaling opportunities to the CoVID religious cult.

We've had plenty of time to test the actual real world effectiveness of different mask types and to compare the relative effectiveness of different masking and distancing policies in different areas over time. It's becoming very clear that intimate social gatherings of long duration or repetitive nature are the primary means of spread. I.e. people spreading it in the home, or sick slobs going to social events with family and friends, with a bit of other repetitive exposure spreading or random spreading in closed environments mixed in.

We're almost through this thing. By summer, due to vaccinations and recoveries, we will have effective herd immunity, but fearful of legal action and following highly politicized CDC recommendations (it has become a wedge issue and the CDC is easily as subject to it as any other institution), the business world will largely keep rolling on with unnecessary PPE guidelines.
beerad12man
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MouthBQ98 said:

The CDC is going to keep millions of employees stuck doing bull**** CoVID mitigation long after the threat is over simply to inflict sadistic misery on the population in an attempt to continue providing an opportunity for sanctimonious virtue signaling opportunities to the CoVID religious cult.

We've had plenty of time to test the actual real world effectiveness of different mask types and to compare the relative effectiveness of different masking and distancing policies in different areas over time. It's becoming very clear that intimate social gatherings of long duration or repetitive nature are the primary means of spread. I.e. people spreading it in the home, or sick slobs going to social events with family and friends, with a bit of other repetitive exposure spreading or random spreading in closed environments mixed in.

We're almost through this thing. By summer, due to vaccinations and recoveries, we will have effective herd immunity, but fearful of legal action and following highly politicized CDC recommendations (it has become a wedge issue and the CDC is easily as subject to it as any other institution), the business world will largely keep rolling on with unnecessary PPE guidelines.

Yes, this is my fear. And My point is, can OSHA and the CDC be mitigated when/if this virus is no longer in pandemic status? It seems to me that legally, no one should run any kind of risk of litigation from a virus, but being in pandemic status, I can understand the hesitancy. When this thing goes endemic, or gone altogether, what do we do then?

This is what we need. Somehow to make it clear employers can't be liable for their employees getting covid. All it takes a little common sense to see covid plummet off the face of the earth that we won't need these extra rules/regulations, but governments and businesses both are the same. It's easy to implement more rules. They rarely ever truly go away.

I'm skeptical common sense will be enough.
P.U.T.U
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From what I remember if an employee gets infected with Covid at work it is considered a workplace injury. For that most businesses will keep mark requirements until that is dropped. Whether they enforce it is another question
BigRobSA
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LOL

Just last night I had a bunch of used masks in my bare hands at work. Night before, from same person, used gloves and syringes. I'm constantly exposed to this weak ***** of a virus. Not one iota of a **** to give.

People that clamor for "protection" and other idiocy because someone, somewhere might get the flu's weaker step-cousin is proof that socialized education, espectially in the sciences, has failed us.
"The Declaration of Independence and the US Constitution was never designed to restrain the people. It was designed to restrain the government."
Lone Stranger
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Like many things the trial lawyers have been prodding and probing on this issue using many of the unions as a front for their testing of the waters. Have the unions filing complaints, demanding more, etc, etc. See how that goes with the regulators and see what opportunities open up for "gotcha".

Example: The meat packing industry unions keep trying to find a new way to complain the companies aren't taking care of the workers, conditions are unsafe, etc. even though CDC guidelines are met. It would appear as long as long as the companies are showing they are meeting CDC guidelines the other regulators like OSHA, etc haven't waded in too deep yet. Now...as the CDC guidelines change the companies better be keeping absolute perfect paper trails or that is where the trial lawyers will get them.
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