Coronavirus and Walt Disney World general discussion

[Andrew C]

Yes, I was loose with my language. Even though this is not a Federal vaccination mandate, there are still rules that OSHA has to follow when issuing Emergency Temporary Standards. See above.

I wonder, for how many private businesses, is weekly testing even feasible and/or practical. And who covers that cost (do the feds)? I imagine the argument from some businesses will be there is only one choice available.

 

[CaptainAmerica]

I wonder, for how many private businesses, is weekly testing even feasible and/or practical. And who covers that cost (do the feds)? I imagine the argument from some businesses will be there is only one choice available.

I have some teacher friends and their school districts are making them fund the testing individually.

 

[bpiper]

In 1983, a similar OSHA Emergency Temporary Standard regarding asbestos was struck down.

The requirement for an ETS is that "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards" and that "such emergency standard is necessary to protect employees from such danger."

If Joe is vaccinated, he is not at "grave danger" from COVID, even if his colleague, Sally, is not vaccinated. Therefore, forcing Sally to get vaccinated fails this test.

Your scenario would be correct if they apply for the rule under Emergency Temporary Standard. Since its an emergency, then the grave danger part fits.

I would assume that the ETS process allows them to shorten the formal rule timeframe so that it could be enacted sooner. But what about if they do both. File an Emergency rule. Let the courts haggle over it but meanwhile continue the slow process of creating a regular rule. Since we have rules about asbestos, obviously they were able to create rules using the regular process. I would love to known who filed the challenge, probably the asbestos makers. They just delayed the inevitable.

Remember what I stated above, the process has to be followed. Screw that up, like the pervious president did or OSHA doesn't sufficiently explain their reasoning and courts will strike it down. Follow the rules, document it well, it passes muster in the courts.

 

[DisneyDebRob]

"Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others."

Smart dude, he got it. This should be an anthem or something and certainly taught in elementary schools

At least on a tshirt.

 

[Lilofan]

I have some teacher friends and their school districts are making them fund the testing individually.

No surprise the unvax are paying more for a number of things in life compared to the vaccinated crowd. Being vaccinated has its benefits and perks.

 

[Nubs70]

In 1983, a similar OSHA Emergency Temporary Standard regarding asbestos was struck down.

The requirement for an ETS is that "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards" and that "such emergency standard is necessary to protect employees from such danger."

If Joe is vaccinated, he is not at "grave danger" from COVID, even if his colleague, Sally, is not vaccinated. Therefore, forcing Sally to get vaccinated fails this test.

However, seeing that Joe is vaccinated and can potentially contract and transmit Covid, Sally could be considered at "grave danger". Forcing Sally to vaccinate would pass the test?

 

[Andrew C]

I have some teacher friends and their school districts are making them fund the testing individually.

It was just stated that, for the OSHA requirement, the burden will be on the employers. Either to pass the testing cost onto their employees or eat the cost themselves...

 

[dovetail65]

New study find unvaccinted 11 times more likly to die if infected by Covid, knowing this not wanting to get vaccinated is so strange to me.

Unvaccinated people were 11 times more likely to die of covid-19, CDC report finds

People who were not fully vaccinated this spring and summer were more than 10 times more likely to be hospitalized, and 11 times more likely to die of covid-19 than those who were fully vaccinated, according to one of three major studies published Friday by the Centers for Disease Control and...

news.yahoo.com

Delta airline charges employees 200 per month for not being vaccinated, I applaud them.Why should everyone else insurance go up to pay the unvaccinted who bills average 40K when they could of had a free shot.

Delta Air Lines Is Going To Start Charging Unvaccinated Employees $200 Per Month

Delta will not mandate employees to be vaccinated against the coronavirus, but its CEO says the charge is necessary because the average hospital stay for the virus costs the airline $40,000.

www.npr.org

 

[Patcheslee]

I wonder, for how many private businesses, is weekly testing even feasible and/or practical. And who covers that cost (do the feds)? I imagine the argument from some businesses will be there is only one choice available.

Depends on when the testing would have to take place. If employees are allowed to miss work for testing then the vaccinated ones may have to cover the role for production jobs. There's already growing animosity towards an employee who has now missed 90 days since this all began for covid symptoms. Only 1 instance was the employee positive for covid and that was in the past 2 months.

 

[celluloid]

Depends on when the testing would have to take place. If employees are allowed to miss work for testing then the vaccinated ones may have to cover the role for production jobs. There's already growing animosity towards an employee who has now missed 90 days since this all began for covid symptoms. Only 1 instance was the employee positive for covid and that was in the past 2 months.

Something else you are going to possibly see happen is those that are unvaccinated will have to use sick and or personal days banked. Where as vaccinated and still getting Covid19 positive they will not have to use them.

 

[Animal_Kingdom_09]

It’s pretty clear cut. OSHA has broad authority to regulate safety standards for private industry. If the legal challenge is going to be based on a retweet by the chief of staff then I stick by my statement that its actually 100% unlikely to succeed. That’s just political talk and nothing more.

The only avenue for a legal challenge will revolve around whether weekly covid testing is necessary for worker safety. That’s the way to attack it but it’s still a tough battle because OSHA has been granted the authority to decide what’s necessary to keep workers safe and despite what some think we are still in a pandemic and people are still getting sick at work every day and some do eventually die.

I think the legal challenge is going to be a Title VII argument. The unvaccinated are more likely to be minorities (relative to their % of the population) and Title VII does not allow for such disparate impacts under normal circumstances. Since Title VII is an actual law and a well litigated one at that, an executive order is going to have a tough time overcoming it.

The weekly test option looks like it accommodates the sincerely held religious belief portion of VII, since it a reasonable accommodation. But disparate impact is going to be a tough one.

 

[Shellyl64]

I have never posted on here and after reading how some of you comment I am completely sure I would never want to meet you. I have never seen such rude remarks and there is definately no Grace for anyone with a different opinion. No compassion for anyone who may truly be afraid to get vaccinated or those that can’t.

 

[GoofGoof]

I think the legal challenge is going to be a Title VII argument. The unvaccinated are more likely to be minorities (relative to their % of the population) and Title VII does not allow for such disparate impacts under normal circumstances. Since Title VII is an actual law and a well litigated one at that, an executive order is going to have a tough time overcoming it.

The weekly test option looks like it accommodates the sincerely held religious belief portion of VII, since it a reasonable accommodation. But disparate impact is going to be a tough one.

That’s a huge reach. First, this isn’t an executive order we are talking about. OSHA dictates safety requirements for workplaces all the time. Many jobs they have jurisdiction over have minority workers but that doesn’t prevent them from making a safe environment for them to work in. Nothing about this can be seen as discriminatory in any way.

 

[Shellyl64]

You're right. Our patience is wearing thin. Get vaccinated.

Right here is what I am talking about. Hopefully you will see that this gets nothing accomplished.

 

[Andrew C]

You're right. Our patience is wearing thin. Get vaccinated.

Your vaccine sucks. Shoulda got moderna.

 

[LittleBuford]

No compassion for anyone who may truly be afraid to get vaccinated or those that can’t.

There is definitely compassion for the latter group, but I agree that some of the posts about those who choose not to get vaccinated are callous and unhelpful.

May I ask what concerns you about the vaccines?

 

[disneygeek90]

I have never posted on here and after reading how some of you comment I am completely sure I would never want to meet you. I have never seen such rude remarks and there is definately no Grace for anyone with a different opinion. No compassion for anyone who may truly be afraid to get vaccinated or those that can’t.

I think there's plenty of compassion for those that can't. For those that are afraid... we have been patient. Trials have gone on well over a year now. There's simply no reason to be scared, but as adults we do things all the time we don't like or are uncomfortable with. I personally absolutely loathe the dentist but I get it done anyway. If you're (general you not you) scared, have a buddy hold your hand and just get it over with.

 

[Figgy1]

You're right. Our patience is wearing thin. Get vaccinated.

We've also been there for a member who had to wait to get vaccinated due to allergies to previous vaccines and those who are immunocompromised

 

[Shellyl64]

You're right. Our patience is wearing thin. Get vaccinated.

I am truly sincere when I asked the question why no one cares that there are people who are truly scared to take the vaccine. Why can’t anyone understand that?

 

[disneygeek90]

I am truly sincere when I asked the question why no one cares that there are people who are truly scared to take the vaccine. Why can’t anyone understand that?

What exactly are your fears?