In order to encourage American workers to get vaccinated, the Occupational Safety and Health Administration has suspended the legal requirement for employers to report work-related injuries resulting from vaccinations aimed at combating the CCP virus that causes the disease COVID-19.
This suspension of the law by OSHA does not change the fact that employers may be held liable under workers' compensation laws or under civil personal injury laws, according to the nonprofit group Liberty Counsel.
Earlier in May, the website of OSHA, an agency within the U.S. Department of Labor, stated that employers could be held liable if they required employees to receive COVID-19-related injections as a condition of employment and the employees then experience adverse reactions.
A "Frequently Asked Questions" section of OSHA's website stated, "If you require your employees to be vaccinated as a condition of employment, then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7," according to Liberty Counsel.
"DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers' vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904's recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency's position at that time to determine the best course of action moving forward."
"No doubt receiving pressure from the Biden administration, OSHA suspended the enforcement requirement to record adverse injuries or death from COVID shots until May 2022 in order to push the COVID shots. This politically motivated change by OSHA is unprecedented," the group stated in a press release.
"Employers that require employees to take a COVID shot may be held liable for adverse injuries and death. The fact that OSHA will not enforce recording requirements does not alter the legal liability of employers who require, coerce, or incentivize employees to take COVID shots," he said in a statement.
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Tuesday, June 1, 2021
OSHA Suspends Requirement That Employers Report Vaccine-related Injuries
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