Federal Law Prohibits Mandates of Emergency Use COVID Vaccines, Tests, Masks — 3 Resources You Can Use to Inform Your School or Employer

By  Aimee Villella McBride Stephanie Locricchio

Under federal law, employers and universities cannot legally mandate COVID vaccines because they are unlicensed Emergency Use Authorization products which are, by definition, experimental.

The bottom line is this: mandating products authorized for Emergency Use Authorization status (EUA) violates federal law as detailed in the following legal notifications.

All COVID vaccines, COVID PCR and antigen tests, and masks are merely EUA-authorized, not approved or licensed, by the federal government. Long-term safety and efficacy have not been proven.

EUA products are by definition experimental, which requires people be given the right to refuse them. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is “absolutely essential.”

Earlier this year, Mary Holland, Children’s Health Defense president and general counsel, and attorney Greg Glaser stated that federal law prohibits employers from mandating EUA COVID vaccines (or EUA COVID-19 tests or masks).

Holland and Glaser wrote:

“If a vaccine has been issued EUA by the FDA, it is not fully licensed and must be voluntary. A private party, such as an employer, school or hospital cannot circumvent the EUA law, which prohibits mandates. Indeed, the EUA law preventing mandates is so explicit that there is only one precedent case regarding an attempt to mandate an EUA vaccine.”

What to do if your school or employer says you must get the COVID vaccine

The Children’s Health Defense legal team has written three legal notifications that anyone faced with a COVID vaccine, COVID test or mask mandate can use to inform employers and universities that they are violating federal law. You can download the three notifications here.

All of the notifications include this language: 

“Federal law, Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act, states the following about products granted emergency authorization usage:

Individuals to whom the product is administered are informed—

(I) that the Secretary has authorized the emergency use of the product;

(II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and

(III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.

Any entity or organization that requires EUA COVID-19 vaccinations, COVID-19 tests or masks are in violation of federal law, and will likely face lawsuits if they don’t allow exemptions or alternatives.”

Submitting the notices prepared by Children’s Health Defense is the first step prior to seeking an exemption or taking legal action.

Vaccine exemption laws vary by state. Go to the National Vaccine Information Center to learn more about your state exemptions.

It’s critical to stand against mandates and preserve legally protected, fundamental human rights on issues related to health freedom. Don’t fall prey to coercion and pressure, use the resources available to protect your legal rights.

[…]

Via https://childrenshealthdefense.org/defender/resources-federal-law-prohibits-mandates-emergency-use-covid-vaccines-tests-masks/

8 thoughts on “Federal Law Prohibits Mandates of Emergency Use COVID Vaccines, Tests, Masks — 3 Resources You Can Use to Inform Your School or Employer

  1. Pingback: Federal Law Prohibits Mandates of Emergency Use COVID Vaccines, Tests, Masks — 3 Resources You Can Use to Inform Your School or Employer | The Most Revolutionary Act | AGR Daily News

  2. Pingback: Tell them to stuff it. | The Radio Patriot

  3. Our Mask Mandate has ended in our city however my daughters gymnastics stated that if any of the athletes provide prof of vaccination they do not need to wear a mask. If we choose not to a mask must still be worn. I argued this with the gym owner and he stated according to his attorney’s they have been advised and have every right to create their own policy regarding masks since they are a private business and we pay for their services. We can chose to go elsewhere or go there. Since vaccination is not “required” they have given us an option to wear a mask instead of receiving the vaccination.
    Is this legal to require a mask?

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  4. The mask mandate is an Emergency Use Authorization, which means, in other words, that it’s experimental. Federal law is quite explicit that it’s illegal for any “institution,” public or private, to participate in an experiment against their wishes. I suggest you print out the document at the link below for the gym owner to take to his lawyer:

    Click to access chd-notice-for-eua-masks-6.4.21.pdf

    If you find you need legal advice or support, I recommend you contact the Informed Consent Act Network:

    https://www.icandecide.org/

    Liked by 1 person

  5. Good afternoon all employees,

    To help ensure Veterans and VA employees are protected from COVID-19 while in VA spaces, all VA employees are asked to attest to their vaccination status. This attestation will be handled through the Talent Management System (TMS). Employees in Phase One are already receiving the notification of the assignment in TMS, and Phase Two employees receive the assignment starting Tuesday August 24, 2021.

    In addition to the information shared in the email from the VA Secretary McDonough yesterday included below, we have additional information and answers to potential questions:

    Frequently Asked Questions (FAQs)

    1. Why am I being asked to attest to my vaccination status?
    The Safer Federal Workforce Task Force (SFWTF), COVID-19 Workplace Safety: Agency Model Safety Principles issued on July 29, 2021, require Federal agencies to ask about the vaccination status of Federal employees. Employees must complete an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.

    2. Is the COVID-19 Attestation course in the Talent Management System (TMS) mandatory?
    No, providing the information is voluntary, although employees are encouraged to complete the attestation. Employees who do not complete the attestation will receive TMS reminders similar to when other training is not completed by the due date.
    However, if you fail to provide this information, you will be treated as not fully vaccinated for purposes of implementing safety measures, including with respect to mask wearing, physical distancing, testing, travel, and quarantine.

    3. What happens if I don’t complete the COVID-19 Attestation?
    There is no penalty for not completing the COVID-19 Attestation. However, making a false statement on the form could result in administrative action. Checking “I decline to respond” does not constitute a false statement.

    4. Is there a timeframe to complete the COVID-19 Attestation in TMS?
    Yes, employees have 14 calendar days to complete COVID-19 Attestation certification in TMS.

    5. Who sees the information I provide?
    The manager(s) you have listed in the TMS will be able to see your responses to the questions and that you completed the COVID-19 Attestation. Employees will need to identify in TMS the manager that this information will go to as a step in the TMS attestation process.

    6. How is the information I provide used?
    The information is used to ensure you are following the relevant safety protocols for your status. If you are not fully vaccinated, the information is used to estimate the volume of testing for the agency testing program.

    7. What if I am claiming a religious or medical exemption?
    When completing the COVID-19 Attestation, please select either “I have not been vaccinated” or “I decline to respond.” Employees do not need to disclose the specific religious or medical exemption.

    8. What if I am a remote worker or teleworker?
    SFWTF requires agencies to collect information from all employees to include remote workers and teleworkers. The agency needs this information if/when you come on to the worksite to apply the relevant safety protocols.

    9. What does it mean to be treated as not fully vaccinated?
    If you do not select the statement “I am fully vaccinated” you are treated as not fully vaccinated which means you must wear a mask indoors, physically distance, limit travel to mission critical operations, and be tested for COVID-19 weekly if working at a VA facility.

    10. Am I required to submit any documentation with the COVID-19 Attestation?
    No. You do not have to submit any documentation. You are only asked to answer the questions truthfully.

    11. If my vaccination status changes, how do I update my COVID-19 Attestation?
    You can update your attestation by logging into TMS and selecting the link to “Update Your Attestation” in the custom COVID-19 Attestation tile. When you complete the form again your information is automatically updated.

    12. What happens after I complete the COVID-19 Attestation?
    You are required to comply with the safety protocols for your vaccination status. If you are not fully vaccinated, you must comply with the agency program for testing, must wear a mask indoors, physically distance, and limit travel to mission critical operations.

    NOTE: We currently require all to wear a mask in the VARO regardless of vaccination status due to other VA guidance (except while working alone in an enclosed office).

    13. Will employees receive authorized absence (AA) for completing the COVID-19 Attestation?
    No, employees will not receive AA for completing the attestation. Employees should complete the attestation during duty hours. However, employees who are fully vaccinated may be eligible for a one-time use of four hours of AA for certifying they are fully vaccinated. See OCHCO Bulletin: Paid Time Off for VA Employees Fully Vaccinated Against COVID-19 for more information.

    14. I received my COVID-19 vaccine at the VA. Doesn’t the VA already have this information? Why do I have to complete this COVID-19 Attestation?
    Information in VA’s Occupational Health Records System cannot be disclosed without a release of information from the employee. VA is using this process to comply with the SFWTF Model Safety Principles.

    15. I am a VHA healthcare worker. I am required to get the COVID-19 vaccine under VHA Directive 1193. Why do I need to complete the COVID-19 Attestation?
    Your data is stored in VA’s Occupational Health Records System and cannot be released without a release of information from the employee. Therefore, we request you complete the TMS requirement attesting to your vaccination status.

    16. What if I have questions about VHA Directive 1193?
    Employees who have questions about VHA Directive 1193 can find the recertified Directive 1193 and FAQ by going to the HCI site. You will find links to the documents in the right-hand column of the page. If supervisors and HROs have questions, they should coordinate with VHA’s Workforce Management and Consulting Group.

    Please feel free to contact your supervisor if you have additional questions.

    Director’s Office

    From: US Department of Veterans Affairs
    Sent: Thursday, August 19, 2021 4:47 PM
    To: VA All Mailboxes
    Subject: MESSAGE FROM THE SECRETARY: Attestation of Vaccination Status

    MESSAGE FROM THE SECRETARY

    Attestation of Vaccination Status

    I start with a heartfelt thank you for your tireless work. I acknowledge how difficult it is working during a pandemic with its attendant risk and stress. Yet through it all you have ensured that the Department of Veterans Affairs (VA) now provides more care and more benefits to more Veterans than at any time. I thank you for that.

    Earlier this month, we took the step of mandating vaccines for all Veterans Health Administration (VHA) personnel who visit VHA facilities, work at VHA facilities or directly interact with and serve our Veterans. And we did that for one reason: it’s the best way to keep Veterans and VA employees safe.

    Today, we are continuing our efforts to prevent the spread of Coronavirus Disease 2019 (COVID-19) by asking every VA employee to attest to their vaccine status—a step that is consistent with guidance from the President, the Centers for Disease Control and Prevention and the Safer Federal Workforce Task Force.

    You will have four options in this attestation process—fully vaccinated, received first dose of a two-dose vaccine, unvaccinated or choose not to say. Employees who have not been vaccinated or choose not to attest to being fully vaccinated will be required to comply with weekly COVID-19 testing, wear a mask, maintain feasible physical distancing and adhere to travel restrictions. Fully vaccinated colleagues will continue to follow the guidance as outlined by the Safer Federal Workforce Task Force. Additional guidance on weekly COVID-19 testing procedures is forthcoming.

    The process for attestation is as follows:

    • Where do I attest? Attestations will be made in the Talent Management System (TMS).
    • When do I need to attest? VA will collect employee attestation information in two phases, beginning today. Phase One will focus on supervisors and begins Thursday, August 19, 2021. Phase Two will focus on the employee workforce and will begin Tuesday, August 24, 2021.
    • How long will I have to attest? Once assigned in TMS, employees will have 14 calendar days to complete the attestation form from TMS assignment.
    • Who will know my attestation status? The information provided is protected under the Privacy Act and only those individuals who have a need to know for the information, such as your supervisor, will know whether, based on your attestation, you will be required to comply with the requirements and restrictions for weekly testing, wearing a mask, physical distancing and traveling.

    You can find more information about the process in VA’s Attestation of Vaccination Status frequently asked questions (FAQ).

    As a reminder for those of you who have not yet received the COVID-19 vaccine, all VA employees are eligible to be vaccinated without charge at any of our facilities. You will receive four hours of paid administrative leave after attesting that you have been vaccinated. You will also receive four hours of paid administrative leave to receive the vaccine or if you accompany a family member to get vaccinated. If you have any outstanding questions about the vaccine, you can find more information about its safety and effectiveness in these FAQs or view clinician and Veteran videos here.

    I’ll say it again: the best way to prevent the spread of COVID-19 is to be vaccinated. And given the emergence of the Delta variant, a more dangerous and transmissible form of COVID-19, vaccinations are now more critical than ever for protecting Veterans, their families, caregivers, survivors and all of our employees. So, please, get vaccinated and share with us that you have done so.

    Thank you to those of you who have already been vaccinated, and to those of you who will get vaccinated now. There is no better way to keep Veterans or our colleagues safe.

    Denis McDonough

    PLEASE PRODUCE LOCALLY FOR ALL THOSE WHO DO NOT ROUTINELY ACCESS EMAIL DUE TO THEIR SPECIALTIES.

    Like

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