Covid-19

Read from Pt101: Employers in most cases cannot mandate vaccines. This only a dissenting judgement, however.

https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb6015.htm

I am fortunate in that I’m never going to be in a situation where I am forced to inject my body with experimental gene therapy (inaccurately referred to as a “vaccine”). There are, however, many people that have been issued with a “no jab no job” ultimatum.

Although I’m not a lawyer, there is one field of law in which I have tertiary schooling – OH&S law – and I’m thus in a position to advise people of their options.

In simple terms, your position is a lot stronger than you think it is, and you are not without some leverage.

Under the OH&S Act 1984 your employer has sole responsibility to “provide a safe work environment” for you. The point here is that your employer has all the responsibility – not you.

Consider for example a case where a forklift driver was injured because he had an accident and wasn’t wearing a seatbelt. The investigating authority would consider three questions. To prosecute the company they would have to prove all three:

  • Did a permanent, debilitating injury occur that will impinge on the ability to hold down employment and live a normal life?
  • Did the injury occur at work?
  • Could it have been prevented?

Let’s suppose for the sake of the argument that the first two are proven. It would come down For the third question the employer does not have available to them as a defence the fact that the employee broke the rules. Rather, the statutory authority would be asking questions like these.

  • what is it about your safety culture that allowed him to drive around without a seatbelt?
  • Had other employees noticed this? Had they raised this with him?
  • Was the issue raised at weekly Toolbox meetings?
  • Had the employee been spoken to by management, with appropriate reprimands and/or warnings?

In other words, to avoid prosecution, in these circumstances the employer would have to tick a whole lot of boxes, including a paper trail of their interactions with the employee, minutes of Toolbox meetings and so on.

The reason the law is so heavily slanted towards the employer’s responsibilities is that in the past employers often made just a token effort of putting procedures in place that they didn’t bother policing or enforcing. Since the OH&S Act things have changed dramatically, and industrial accidents have plummeted, as it forces employers to go the extra mile.

In terms of the Covid mandates, therefore, the employer has a choice to make. This is a risk assessment using what’s termed a Systems approach.

A Systems approach works like this: a hazard is identified. The risk to the whole system (not just one part of it) is assessed. Then a risk management strategy is put in place. A risk assessment is then carried out a second time, to assess the risk imposed by the risk management strategy on the whole system. This is to avoid the situation where the cure is worse than the disease. My comments on the Government’s handling of the risk imposed by Covid19 is here.

The risk assessment boils down to a choice between these two strategies:

  1. Do not mandate “vaccines.”
  2. Mandate “vaccines.”

The risk resolves into two questions:

  • What might happen?
  • What are the legal implications?

The question of legal implications will itself resolve into three questions:

  • Could a permanent, debilitating injury occur that will impinge on my ability to hold down employment and live a normal life?
  • Did the injury occur at work?
  • Could it have been prevented?

A prosecuting authority will have to prove each of these in the affirmative for the employer to be liable.

Let’s now consider the two options.

If you DON’T mandate “vaccines” what might happen?

  • someone might catch Covid19

Legal implications.

  • Could a permanent, debilitating injury occur that will impinge on my ability to hold down employment and live a normal life?Almost impossible to prove. Most people that get Covid19 are asymptomatic (88% according to CDC). Those that do experience illness are sick for about a week with “flu-like” symptoms. This falls very far short of a “permanent, debilitating injury.” If an older employee caught the virus the effects may be more severe, but given that 99.2% of fatalities occur in people with other comorbidities (CDC data), it’d be difficult to prove a causal link with Covid19.
    So this point is not impossible to prove, but certainly very difficult
  • Did the injury occur at work?It’s impossible to prove exactly where you caught the virus.
  •  Could it have been prevented?This is also impossible to prove. It is widely acknowledged that the “vaccines” do not prevent you from passing on the virus, and thus it is impossible to prove the preventability of the infection.

If you DO mandate vaccines what might happen?

  • death. In Australia at least as many people have died from the “vaccines” as those that died with Covid19
  • myocarditis – permanent and irreversible damage to the heart.

Legal implications:

  • Could a permanent, debilitating injury occur that will impinge on my ability to hold down employment and live a normal life?Obviously yes. Death and myocarditis are both permanent and irreversibe. Easily proved
  • Did the injury occur at work?Also obviously yes, if it was mandated as a condition of employment. Both these outcomes are listed as possible side effects of the “vaccine.” Also easily proved.
  • Could it have been prevented?Also obviously yes, simply by not taking the “vaccine.” Also easily proved.

It is then beyond doubt that your employer exposes themself to far greater risk by mandating “vaccination” than by not mandating it.

Now what you do about this is not clear. In a smaller company where the boss probably doesn’t know anything about the OH&S Act it might be the kind of thing you could discuss over a coffee and suggest he look into it.

In a larger company, hopefully they’ll have an OH&S Manager that is aware of this.

As sure as night follows day, however, although I seem to be the only one to have noticed this so far, it’s only a matter of time before someone has a heart attack after taking one of these vaxs, and legal proceedings ensue.