OSHA Report: What you need to know - Part 3
The history and positioning of this ETS is very, very interesting.
I’m here in Chicago at the Freedom Summit 2021. I’ll be on a panel with a few other cohorts at 2:00 PM central time. (Also, don’t forget about our webinar on Monday with ElectionWiz. link here)
A quick note of thank you. We’ve had DOZENS of people sign up to paid subscribers this week and that immensely helps our efforts to keep things going. Thank you. Click here for details if you’re not on the team so you can get ALL of the content like the details below! This one — I’m not roping off. Enjoy!
Part 1: OSHA sets out the justify this ETS with weak studies but likely strong precedent.
Part 2: OSHA lays out the “grave danger” of COVID to workers
Part 3: So, when we last left our intrepid health overlords they were laying out the case on how the legal definition of “grave danger” applies to workers which OSHA has onus over. Bogus, of course, but cleverly framed to avoid court dismissal.
(That’s really the name of the game: avoid court dismissal)
In this next section (starting at page 96) they talk about the steps leading up to the Emergency Temporary Standard (ETS)
1) Honestly, I didn't know about this. OSHA considered an ETS but the preventions were so young they were worried that an ETS would “enshrine requirements that are subsequently proven ineffective in reducing transmission.” We should ABSOLUTELY FOIA the pants off of this topic.
Also, we should be under no illusion. The “T” in ETS is bogus. This will live forever.
2) Then the AFL-CIO tried to sue OSHA to implement the ETS. Like the Teachers Union under Randi Weingarten, the AFL-CIO did NOT want to actually take a stance on masks etc… so they turn to their old friend the government for mandates. Frankly, most large corporate entities are spineless too and would gladly shuffle responsibility on a mask/vax decision to the government. Sad.
We should have known. 100% vaccination compliance was the plan all along. Instead of issuing an industry-wide ETS, OSHA implemented a Healthcare ETS and in it they snuck this line: there was “insufficient evidence in the record to support a grave danger finding for non-healthcare workplaces where all employees are vaccinated.”
They planned this. Setting precedent they can now cite the Healthcare ETS for their little mandate going forward.
3) One of the big problems with an “overwhelmed” hospital system was the STRICT PPE and patient requirements for healthcare providers. Well, we can trace that back to the OSHA ETS. So, even though we all thought OSHA was sitting this one out, their healthcare ETS exacerbated hospital problems by putting onerous procedures and requirements on hospitals in particular.
4) They they go on another diatribe of false and provably false statements about the virus. From a lack of understanding of seasonality:
… to a lack of evidence in business exposure contact tracing numbers:
… to their ridiculous assertion that masks are effective source control:
5) Lastly, in this section (we’re only a third of the way through this beast!) they introduce a wiggle-room positioning so that the White House can assert that this “isn’t a mandate” and that this is really “quite flexible.”
So, there you have it. This isn’t really that onerous because it’s not really a mandate. All you have to do is make everyone who isn’t vaxxed test every week and mask up at their own expense.
Again, from my viewpoint, OSHA has some very good lawyers. We’re gonna need our best legal minds to step up.











I discuss a technicality that should pre-empt the OSHA mandate here: https://colleenhuber.substack.com/p/what-is-in-a-vaccine
Regarding hazardous substances, such as those that have been known to be added to the vaccines, OSHA has been authorized to set maximum exposure levels, i.e. 10 ppm of benzene, but not minimum exposure levels. That is, no OSHA rule authorizes OSHA to force minimum exposure levels to substances that have hazard mitigation protocols in the Oxford Materials Safety Data Sheets.
Justin, I have nothing new to add here. Just wanted to say how important and helpful this breakdown you’re doing is for our deeper understanding. Thank you!