WASHINGTON, D.C. – Since Liberty Counsel messaged last week on the U.S. Occupational Safety and Health Administration (OSHA)’s guidance that employers may face liability if the employer requires employees to receive COVID shots and thereafter suffer adverse reactions or death, over the weekend, OSHA suspended the requirement for employers to report injuries related to work respecting COVID shots. This suspension of law by OSHA does not change the fact that employers may be held liable under workers compensation laws or under civil personal injury laws.
Until last weekend, the guidance from OSHA stated that employers could be held liable if they mandate employees to take COVID-19 injections as a condition of employment and then they experience adverse reactions. Under a “Frequently Asked Questions” section of OSHA’s website it stated, “If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), 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.”
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.