It's Here Employee and Contractor Covid Mandatory Vaccinations Update Post 183

[Califpatriot]

There is presently a presumption for workers compensation purposes, if you get it, you got it at work. The wc insurance will therefore pay for your care.

With that presumption, which i think is a decent way to spread the cost of this, the employers will have a very good argument that they can require the vaccine as a condition of employment.

That's not true. The blanket presumption expired in the summer. The current presumption is only in cases of an outbreak at work, which is defined as a particular number of people infected depending on the size of the workplace. Otherwise, standard burden of proof applies, which is the employee must establish by preponderance of evidence that the injury was of industrial origin

[Califpatriot]

The reason is it runs up against all the safety in the workplace laws, OSHA mandates, CalOSHA mandates, and the ADA laws.

Employers are responsible for worker safety and that includes safety from diseases.

Because I am a teacher and could be exposed to bodily fluids in carrying out my daily duties (student nose bleeds, cuts, students vomiting, and such) my district has to provide the Hepatitis C vaccine free of charge to me if I request it. If I am actually exposed to bodily fluids, they can require I show proof I had the vaccine or require I get the vaccine because if I get Hep C shortly after, I can say I got it from that exposure. It will be presumed I did under CA law and student privacy laws prohibit testing the student for Hep C.

The district does not want teachers getting Hep C from students. That can put them on the hook for paying out a teacher to not work for the rest of their career.

There's pretty simple ways around all of that, if one wants to protect bodily autonomy. For example, if an employee declines to be vaccinated, they waive workers comp that would otherwise be owed due to COVID infection. This isn't the issue.

[cyphr02]

Only FDA approved under an Emergency Use Authorization, EUA.
No C-19 Vaccine has been 100% fully approved through the FDA phase III clinical trials.

Phase III trials are in place to see if the drug is more effective than an existing treatment, in this case, not all that relevant. The most important trials were completed (I being is it safe, and II being is it effective).

[jeremiah12]

There's pretty simple ways around all of that, if one wants to protect bodily autonomy. For example, if an employee declines to be vaccinated, they waive workers comp that would otherwise be owed due to COVID infection. This isn't the issue.

As far as I know, legally this is not allowed. It is the same as those legal liability waivers you sign to participate in most events, they mostly are not enforceable and the participant can still often file a suit if he or she is injured during the event.

If you want to protect bodily autonomy, find another job or become self-employed. You loose autonomy when you rent your time to someone else for pay. How many employers these days do random drug testing and can fire employees for marijuana use though it has been decriminalized in CA?

[cyphr02]

People have a right to work

Where is this right to work enshrined?

[Section 101]

My page design and layout skills are on vacation now, but I can see
a good cartoon made from the form. Instead of a standard 8.5x11
design, make that yellow background with back text a 7-pointed star,
one you can wear on an arm band.

Phase III trials are in place to see if the drug is more effective than an existing treatment, in this case, not all that relevant. The most important trials were completed (I being is it safe, and II being is it effective).

How safe is it after getting injected 5 years in a row?

[Califpatriot]

As far as I know, legally this is not allowed. It is the same as those legal liability waivers you sign to participate in most events, they mostly are not enforceable and the participant can still often file a suit if he or she is injured during the event.

If you want to protect bodily autonomy, find another job or become self-employed. You loose autonomy when you rent your time to someone else for pay. How many employers these days do random drug testing and can fire employees for marijuana use though it has been decriminalized in CA?

It wouldn't be presently allowed under current law. That can be changed by federal or state statute. It's not a particularly salient point.

Employers in California cannot do random drug tests except for a few safety sensitive positions. For decades, California has had a reasonable suspicion rule. I'm in favor of random drug tests being legal, because I see no reason to protect druggies. But states (or the feds) can and do limit the use of testing. They can likewise limit mandatory vaccinations.

[capo602002]

Amazing since there is no evidence so far that shows that a vaccinated person cannot transmit this virus. And no - this is not FDA approved - The FDA issued a emergency use authorization. There is a difference.

https://www.americanthinker.com/articles/2020/12/covid_vaccines__a_deeper_dive_into_the_data.html

https://www.americanthinker.com/articles/2020/12/were_covid19_vaccine_dangers_covered_up_prior_to_fda_authorization.html

In the event an [Emergency Use Authorization] is issued for this product, it would still be considered unapproved and would continue under further investigation (under an Investigational New Drug Application). (page 8, emphasis added)

[cyphr02]

Amazing since there is no evidence so far that shows that a vaccinated person cannot transmit this virus. And no - this is not FDA approved - The FDA issued a emergency use authorization. There is a difference.

https://www.americanthinker.com/articles/2020/12/covid_vaccines__a_deeper_dive_into_the_data.html

https://www.americanthinker.com/articles/2020/12/were_covid19_vaccine_dangers_covered_up_prior_to_fda_authorization.html

In the event an [Emergency Use Authorization] is issued for this product, it would still be considered unapproved and would continue under further investigation (under an Investigational New Drug Application). (page 8, emphasis added)

Do they also think the vaccine will turn children gay like rainbow Doritos were made to do?

[ZirconJohn]

Please post pics if/when employees get any physical deformities ... test reporting vaccines are important to the future of mankind

[Quickdraw559]

https://calmatters.org/health/2019/09/california-new-law-vaccination-medical-exemption/?

https://www.google.com/amp/s/www.usnews.com/news/best-states/articles/2019-09-24/california-law-to-restrict-medical-vaccine-exemptions-raises-questions-over-control%3fcontext=amp

[Rodell]

Exactly. How is it different from requiring union labor? Their house, their rules. They have to live with the consequences either way.

[Quickdraw559]

Exactly. How is it different from requiring union labor? Their house, their rules. They have to live with the consequences either way.

Because requiring union labor is not the same as requiring a medical procedure. Is this a serious question, or are you just pretending to think like this?

[Cali-Glock]

There's pretty simple ways around all of that, if one wants to protect bodily autonomy. For example, if an employee declines to be vaccinated, they waive workers comp that would otherwise be owed due to COVID infection. This isn't the issue.

There is no way to waive WC.

Hell the employee can expressly violate your company policy, training, the law and do something insanely stupid and the employer and their WC carrier are still on the hook.

The basic premise of worker health and safety laws is that the employer is responsible to ensure the employee does not do anything stupid that could possibly hurt them.

In some other states they have some exceptions, for purposeful stupid/dangerous acts but not in California.

There was California based worker who was in Vegas; purchased coke and hired a hooker. He was in his hotel room jacuzzi engaging the services of the the hooker while doing coke, had a heart attack and died.

His widow filed for death benefits under the workers compensation policy.

It was denied!

The courts ruled that this was no different than an employee doing any other stupid thing on the clock... and yes while on the road you are on the clock 24/7 as far as California WC laws/coverage is concerned... and as such yes WC applies and yes the WC carrier has to pay death benefits and yes that employers are legally responsible to ensure that their employees don't do stupid things like buy consume illegal drugs while screwing hookers in jacuzzies.

[ll-Rafael-ll]

People all across the country need to put their foot on the ground and hold their line. DO NOT let these tyrants cross it or get their way.

I heard someone say that, during moments like these, we the people are as strong as we'll ever be, and they the enemy are as weak as they will ever be. Do not let them fool you into thinking otherwise.