Out-of-Touch GOP Justices Screw Over American Workers

Last week the Supreme Court ruled against COVID-19 mandates in a 6-3 vote, with all three Trump-appointed judges voting that OSHA doesn’t have the authority to regulate vaccinations.  It's OK to mandate vaccines for doctors and hospitals, though-- because even though judges have control over their own workplaces (and don't need OSHA) they still have to go to the doctor. You have to go all the way down to page 6 of the flawed ruling to see how bad the ruling is for workers.  

"The Solicitor General does not dispute that OSHA is limited to regulating ‘work-related dangers.’ She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We cannot agree. Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather."

In this ruling, the Supreme Court is explicitly saying that COVID-19 isn’t an “occupational hazard” because it can also occur outside the workplace. Which provides every employer and GOP administration the perfect opening to destroy safety regulations across the board. 

COVID-19 obviously is a danger that affects people “at home, in schools, during sporting events, and everywhere else that people gather.” But that doesn’t mean that it’s not also a workplace hazard. Workers might take the greatest possible precautions in their daily life, but the workplace may force them to be in a position where they have to spend an extended period of time in the company of a large number of people—and the resulting threat posed by their workplace environment can negate all the precautions they’ve taken at home.

The test the Supreme Court appears to be setting up with this ruling is that, in order to be regulated under the authority of OSHA, a hazard must be a threat that takes place in the workplace, but also one unique to the work environment. Lifting of heavy objects? That’s certainly something that people do away from the workplace. So is the use of power tools. Exposure to loud noises is something that happens in everyday life-- so why should OSHA be able to regulate that?  You can see how ludicrous the argument is.

Neither the justices (or anyone in their families) will likely ever work in a factory or a dangerous work environment-- and even if the occasion family member does, they will have the privilege to easily quit their job if needed and find a better one.  This is yet another example of how out-of-touch conservative Supreme Court justices make judgments that satisfy their "ivory tower" standards but completely ignore the reality of everyday Americans.  This explicit gutting of OSHA’s authority to regulate safety in the work environment will be will become a new baseline for anyone seeking to bypass safety requirements big and small. It’s a get-out-of-jail-free card for placing workers at risk, one that essentially eliminates authority to oversee worker health and safety.