In an effort to encourage reluctant Americans to be vaccinated, President Biden recently announced a plan still in the process of being enacted to require businesses with over 100 employees to require vaccination or be fined. The mandate would be enforced by the Occupational Safety and Health Administration (Osha).
Congress passed the Osha act signed into law by President Richard Nixon on Dec. 19, 1970. Its purpose was to help ensure the occupational health and safety of employees in the private sector and federal government in the United States.
Utah’s Republican legislative leaders want Gov. Cox to reject the federal mandate. He can reject it all he wants but it won’t do any good. The Supremacy Clause in Article V1 of the U.S. Constitution states that any conflict between federal and state law is superseded by federal law. Congress would have to vote to abolish Osha to invalidate the mandate.
Certainly, there is no reasonable argument that protecting employees in the workplace from the threat of a pandemic is any less rational than any other of the safety measures regularly enforced by Osha.
Utah legislators claim the mandate would result in a loss of 30% of the workforce because of reluctant employees quitting rather than agreeing to be vaccinated. That extreme level of adverse reaction is doubtful. The prediction that many employees will give up their secure employment status, hoping to get another job of equal value with another rare anti- vaccer employer, likely won’t merit the personal risk.
Should some employees be that irresponsible, it wouldn’t be surprising if they seek reinstatement and vaccination after missing a couple of paychecks and prior to being replaced. The majority of responsible employers won’t be threatened into retaining employees who selfishly threaten the health of their co-workers.
Raymond A. Hult, Bountiful