A few days ago, the Biden administration declared the COVID mandates to be followed compulsorily at every large organization. According to it, the employer of the concerned organization will make it mandatory for the employee to carry out the COVID tests, take all the doses of vaccination and booster shots. Moreover, all of them must wear masks during work hours.
It Is Only A Matter Of Luck Whether You Get COVID At WorkPlace
Such ruling is thus applicable for all organizations where 100 employees work together. Such a decision was the result of a critical estimation. The government calculated that if more than two-thirds of the total job sector people of the US get the vaccination, it will reduce the hospitalization rate to a great extent. On average, the number can go down by around 250,000.
On presentation of the bill at the Supreme Court, only three votes were in favor of the bill. Therefore, the condition was that of 6-3. Supreme Court finally gave orders against Biden’s decision and concluded that the federal agency does not hold rights to provide such a ruling.
According to the court, getting corona in the workplace cannot treat as an occupational hazard. Therefore, OSHA cannot conclude anything in this respect. The total number of people coming in this bracket is around 84 million. Moreover, some justices also uttered that if one wants to get the paychecks, they must bear the risk of getting COVID while working. There cannot be any mandate regarding testing or vaccination.
However, this judgment overlooks the actual scenario of America and how Omicron is taking lives. Although the doctors say that the variant is mild, the increasing number of hospitalizations and repeated deaths are not giving any favorable signs. Amidst this, if the government is trying to control the whole thing to some extent, why will it not be legal?
The recent days of the corona have shown us that busy places like hospitals, factories, offices, markets, shopping malls, etc., are the primary centers for spreading the virus. Therefore, everybody must wear a mask of good quality as a measure of protection. In this condition, the Supreme Court is saying that wearing masks cannot be mandatory at the workplace. This is like playing with the lives of the general public.
The US Circuit court already considered the decision of OSHA to be an effective initiative to reduce the number of COVID-19 patients. Furthermore, reports say that almost 8 lakhs people of America are already dead due to this contagious variant. The healthcare industry is going through tremendous pressure as the patients are continuous with no supply of staff. The medical workers are getting corona and are forced to stay indoors. However, to manage the condition, the Health Department has approved the working of the infected workers.
However, the court is not ready to treat COVID-19 as an occupational hazard. Instead, it calls it a universal risk. It implies that COVID-19 is as risky as leading an everyday life. Therefore, you cannot distinguish between this disease and any accident occurring while traveling. Like any other hazard, people will also have to face this risk without any mandate.
Supreme Court concluded, “Osha must not receive any such rights which Congress did not give it. Allowing such decision will amount to enhancing the scope of its powers. Hence, such a decision is not acceptable”.
The conservative majority went against the ruling, stating that such a decision would not suit public health and safety.
Section 2 of the Occupational Safety and Health Act, 1970, highlights some significant aspects of this connection. But after SC’s latest decision, no company is willing to follow Biden’s decision.
