I touched on this in my December 24th Toxic Individualism blog, where it seems there is this sort of pioneer notion of individualism that applies notwithstanding severe negative health, safety and free choice risks to others. With mass media generating ad dollars and subscriptions based on the number of eyeballs they attract, there’s been a double whammy of misinformation: 1. If presenting distorted reality as truth generates viewers/readers, that in and of itself is a business plan. 2. In the modern era of communications and media oversaturation (obviously including social media), those seeking confirmation of their distorted perceptions can easily filter out any contradictory truths and find solace in misinformation that resonates with their perception.
If you carry that notion of individual rights one step further, as many have seen, there is a question as to who actually has a right that others do not share. Citizens United vs FEC (2010 US Supreme Court) seemed to imbue corporations with “individual person” status when it came to political contributions. American business rails at regulations, no matter how necessary or beneficial to the rest of society. Regulations = cost = lower profits.
So, we also have generated a very interesting form of what The Economist calls a “flawed democracy,” one where citizen representation is neither uniform nor truly representational. Where politically favored minorities rule. Few genuine democracies struggle with voter suppression or gerrymandering. Major governing bodies seldom have constitutional governing structures that disenfranchise masses of voters. For example in the United States, the notion that since each state is accorded two US Senators, regardless of population, effectively gives 30% of the voters control of 70% of the Senate.
Within this legal quagmire, we have watched our very attitudes and political structures push us into a dramatic inability to contain the coronavirus. As we have heard repeatedly, with only 4% of the world’s population, we have generated 20% of all the COVID deaths on earth, the greatest of any nation. People have “informed us” that lockdowns, required social distancing and mask wearing are absolute and incontrovertible violations of their constitutional rights. They have marched on state capitols, often armed, in open rebellion at such state mandated actions.
They have been supported by “I’ll do anything to get your vote” governors, members of Congress and local elected officials – most of whom know better – who confirm that such restrictions violate the Constitution. There is absolutely nothing in the U.S. Constitution or any resultant and enforceable statute that supports that notion of individual freedom, one that of necessity suggests that affirms the inalienable right to spread potentially deadly infections to others without consequence.
In this era of vaccine rollouts, the notion of individual rights in the workplace is moving forward. We are about to return to offices and factories in droves; the President believes that meaningful normalcy is achievable by the end of this year. The Biontech-Pfizer and Moderna vaccines have been injected in millions of arms. The number of severe allergic reactions has been significantly less than most recent widespread vaccination efforts. Both these mRNA vaccines effectively use a genomic shaped model of the exterior of the COVID virus (absent the toxic interior of a real COVID virus) to teach T-cells what to look for, what to kill. But the time the second shot rolls around, the body might react as if this were a real attack for a day or two (not fun, to which I can attest), but that is nothing more than proof the vaccine is working.
We may have to add booster shots if the new strains of the virus become commonplace, but the reality is that they are quite effective at preventing a COVID infection… and even where there are vaccine resistant new strains to date, at least in insuring against the most severe consequences of COVID do not happen.
So far, the rollout of vaccines has been completely voluntary. Even in the US military and most hospitals. This might provide more vaccines to the people who really want that immunity, catering to a large coterie of American who simply believe such vaccines carry unacceptable risks, but in the end, if an insufficient body of Americans fails to get vaccinated, that cherished herd immunity will not happen.
Some of that resistance is generated by distrust and medical mythology, some by religious beliefs, a few for genuine medical reasons. For an example, see my February 10th Skepticism Born of an Ugly Betrayal blog. But most of the resistance is not medically justified. For those returning to work, assuming totally availability of the vaccine to everyone, there are questions as to what employers are able to require of their employees.
Are employers liable for COVID transmission at work, especially when the disease might be preventable? Is this a valid workers compensation claim? The answer, unfortunately, relies on state workers compensation laws, many of which simple exclude “an ordinary disease of life,” which can include the coronavirus. There is no uniform answer to this question. How about federal workplace rules?
“First and foremost, we have to focus on safety. OSHA’s general duty clause, Section 5(1)(1) requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. On January 29, 2021, OSHA published its latest information regarding COVID-19 titled ‘Guidance on mitigating and preventing the spread of COVID-19 in the workplace.’ The guidelines are described as containing ‘recommendations as well as descriptions of mandatory safety and health standards.’ Among the many points noted under the elements recommended for an effective COVID-19 prevention program is the guidance that employers should be ‘making a COVID-19 vaccine or vaccination series available at no cost to all eligible employees.’” Max Koonce writing for the February 19th Sedgwick.com. You may recall abortive attempts by Republican members of Congress to add a “no employer liability for COVID infections” clause to past stimulus and recovery bills.
But with a few exceptions, if getting vaccinated is required by an employer and you refuse… you can be discharged. So far, only about 6% of employers say they will implement this mandate once access to vaccines is ubiquitous. Zlati Meyer, writing for the February 19th FastCompany.com summarizes that reality: “Any workplace vaccine policy must include what federal law calls ‘reasonable accommodations’ for disability and sincerely held religious beliefs. Examples of accommodations are allowing the person to telecommute or to come to work double-masked.
“Attorneys and human resources managers are looking to the Americans with Disabilities Act, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration for guidance. Beyond those federal Big Three, there could be some distinctions state by state, because each has its own department of labor, overseeing workplace safety.
“‘Under the Americans with Disabilities Act, the regulations [question whether] you present a risk of substantial harm to the health or safety of the individual or others,’ explains Long Island, N.Y., labor and employment lawyer Domenique Camacho Moran of Farrell Fritz… Employees who don’t want the vaccine simply because they don’t trust it are out of luck.” What an alarming vision of the great polarization and divide that is still tearing this country apart, is the passionate and most selfish belief in too many Americans that their perception of their individual rights, without any judicial or statutory basis, is absolute even if on an object plane the practice of their beliefs might kill or seriously infect others… even a lot of others.
I’m Peter Dekom, and if you ever wonder what a society looks like in a “me first and only” environment, hold a mirror to the United States of America.
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