In nearly a decade of working in the oil and gas industry, one major principle of safety that has been drilled into me is, and I quote, "you have the right and responsibility to stop unsafe work."
This statement is also known by the phrase "Stop Work Authority," or SWA for short, and is derived from section 5 of the OSH Act of 1970, which states in part A that each employer, "(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act."
Similarly, in part B of the same it is written that "Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct."
As I see it, SWA therefore gives me the right to decline the COVID vaccine. Furthermore, it is also my contention that threats of disciplinary action and coercion for refusal of the COVID vaccine constitute a grave violation of section 5 of the OSH Act of 1970 and must not be tolerated or accommodated much less complied with.
Doubtless those who are in favor of vaccine mandates will counter that the health and safety of employees is precisely the reason for the vaccine mandates. They will further say that employers have a responsibility under the very same section of US Code to threaten and punish employees, up to and including termination, for noncompliance.
But this really does get to the heart of the issue with the COVID vaccines. For one thing, the lack of confidence in the efficacy of the vaccine to protect the vaccinated from those who are unvaccinated is not a selling point.
More importantly, though, no one can truthfully claim that the COVID vaccine is free from hazard. And given the fact that there are recognized hazards inherent to COVID vaccination, who can show me the mitigation for those risks of injury or even death related to the COVID vaccine?
Furthermore, where does the liability reside in the event of vaccine injury or death when nemployers participate in mandating the COVID vaccine per President Biden's order?
If you are compelled on pain of job loss to get this vaccine and then are injured or die because of complications related to the vaccine, can you or your family file a lawsuit to recover damages? And if so, who can you file suit against? Not the vaccine manufacturers or distributors. That is out. But what about your employer? Or what about the U.S. government? Or what about Joe Biden personally?
My point in this line of question is not to figure out who to file a lawsuit against. My point is that coercing employees to get the COVID vaccine or else face retaliation up to and including job loss undeniably does include the risk of injury or death due to the vaccine. Therefore, this mandate represents a violation of 29 USC 654, section 5 of the OSH Act of 1970, also known as Stop Work Authority.
Remember, "you have the right and responsibility to stop unsafe work." Just say 'No.'
