Pamela Karlan, The Deputy Attorney General for Civil Rights, wrote,
“…the COVID-19 pandemic has stressed our Nation’s commitment to an open, equal, and inclusive society…COVID-19 has magnified social, economic, and environmental inequalities that we cannot ignore. As a nation, we cannot adequately respond to or recover from COVID-19 if we do not protect all our neighbors. That requires us to pursue justice on behalf of those targets because of their race…religion…disability…The Department of Justice will vigorously enforce Federal Civil Rights…civil protections and responsibilities still apply, even during emergencies. They cannot be waived…” (DOJ: Office of Public Affairs, 2021).
In this same document, she assures the disabled that they will have equal access and avoidance of disability discrimination; that COVID-19 has had a devastating and disproportionate impact on people with disabilities. She goes on, “…as governments, employers, and businesses lift pandemic-related restrictions and reopen, they must comply with the ADA and Section 504. This includes providing reasonable accommodations and modifications, physical access, and effective communication” (DOJ: Office of Public Affairs, 2021).
Ms. Karlan further relates that COVID-19 has affected education for vulnerable students, including those struggling with internet access and who have a disability. She reminds educators that whether the education is in-person or virtually, they must follow Titles IV and V of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Equal Educational Opportunities Act of 1974, the ADA, and Section 504. The DOJ was further charged with the additional responsibility of ensuring consistent and effective implementation of Federal Civil Rights Laws which prohibit the discriminatory practices in federal programs or programs receiving federal funds, such as colleges and universities, during the COVID pandemic. Included in this charge, is taking action on COVID-19-related harassment and discrimination, monitoring and addressing civil rights issues with people receiving federal assistance…enforce civil rights laws (DOJ: Office of Public Affairs, 2021).
Attached to this article are additional documents including a copy of the Federal United States Court of Appeals for the Fifth District ruling on Biden’s Vaccine Mandate. While this is not the district in which Washington State falls, the precedent found within this has been established. A stay has been issued for the federal vaccine mandate pending an “adequate judicial review of the petitioners’ underlying motions for a permanent injunction. In addition, IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further notice” (page 21). Page 22 states the judge’s opinion that the “challenges to OSHA’s unprecedented mandate are virtually certain to succeed.” This appellate ruling means that no entity anywhere in the United States can legally enforce the federal vaccine mandate until the Federal court rules on the Constitutionality of the vaccine mandate and undoubtedly will end up with a Supreme Court ruling. This includes schools, hospitals, colleges, and any other party issuing vaccination mandates. Until Congress or the state legislature passes a law mandating the SARS-COV-2 vaccines, OSHA, the governor, CDC, or any other entity cannot mandate a medical treatment, such as a vaccine. Even the state’s Attorney General or Assistant Attorney General lacks the authority to overrule a Federal Court ruling. There are similar lawsuits being filed here in Washington state.
Pfizer, Moderna, and Johnson & Johnson’s vaccine still remain under the EUA approval by the FDA. AstraZeneca as well, though it is only being used outside of the USA. Approval under EUA means that legally, the vaccines cannot be forced upon people, by any means. Currently, all employers, schools, universities, businesses, etc. using coercion to force the employees, staff, and students to take the vaccine by removing privileges, limiting, or withdrawing access, threats of disciplinary action, and adding additional measures to receive access are violating law! None of the vaccines have completed the clinical trials, even Comirnaty, whose various parts of the clinical trials remain active and are not set to end until between September 2024 and December 2025 (FDA, August 2021).
In the summary submitted to the FDA on September 8, 2021, Pfizer redacted valuable information needed for people to make informed decisions on taking the vaccine. Information such as ingredients, manufacturing steps, the drug substance, the stability of the vaccine in multidose vials, the testing specifications, and methods of control for Comirnaty. They have redacted the information on the bacterial endotoxin, the identity of the encoded RNA, the actual RNA, and much more (FDA, August 2021). The application for approval admits that the studies on its efficacy and safety continue. The clinical trials were unblinded (pg. 17), which introduces bias. The study results only include 6 months of data (pg.17). In the past vaccine clinical trials lasted 5-10 years (Johns Hopkins, n.d. Vaccine Research & Development) or longer, not 6 months. Traditionally, no clinical trial steps are skipped either. This was not the case with the SARS-COV-2 vaccines. They were produced using an accelerated timeline (Johns Hopkins University) and clinical trials continue (FDA, Pfizer letter, pg. 8, Section N) as the vaccines are being forced upon billions of people around the world.
Liberty Counsel, a major law firm, writes that all existing Pfizer vials (in the hundreds of millions) remain under the EUA. Their evidence is the FDA approval letter itself (FDA Summary Basis, 2021). They relate, the Pfizer booster shot is identical to the EUA vaccines and is limited to use and that BioNTech received approval for only individuals sixteen and older under the name Comirnaty. The FDA themselves, in the Comirnaty approval letter, relate there are no doses available in the USA, but there are enough of the Pfizer-BioNTech shots produced under the EUA that they will continue to be available using the same EUA statute (FDA, November 2021). Thus, there are no FDA-approved vaccines for COVID-19 in the US and every vaccine remains under the EUA laws which give people the option to accept or decline them. Even upon approval of a SARS-COV-2 vaccination, people remain protected by federal law from being forced to get the shots because of medical, religious, or conscience rights (Liberty Counsel). Based on state, federal, and international laws, it is illegal to force anyone to get the vaccine or any other medical treatment, nor to punish them for declining one.
Masks, like the vaccines and the COVID-19 tests, were approved under the Emergency Use Authorization (EUA). Federal Law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) (US Code) allows for each person to accept or refuse anything approved under EUA. Please refer to the attached legal notices regarding the masking, COVID testing, and SARS-COV-2 vaccines (Children’s Health Defense). This right to choose is further protected under the international Nuremberg Code, the Foundation of Ethical Medicine, the American Medical Association Code of Ethics, the International Covenant on Civil and Political Rights, and the Helsinki Code of Ethics. These COVID mandates trample on religious and human rights, including the “security of the person” which is guaranteed by Articles 3, 7, 9, 18, 19, 21 (2), 26, 27 (1), 28, 29, & 30 of the Universal Declaration of Human Rights (United Nations, n.d.).
Robert F. Kennedy Jr and the Children’s Health Defense (CHD) have filed numerous civil complaints on behalf of citizens regarding the EUA products as well as an FDA petition to revoke the EUA COVID vaccines and refrain from approving and licensing them. These were filed due to the increasing number of injuries and deaths sustained from the EUA vaccines reported to the US Health and Human Services (HHS) Vaccine Adverse Events Reporting System (VAERS, 2021).
In Washington, there are Bills in the House and Senate. State House Bill 1305 would prohibit employers from requiring employees to submit to vaccination as a condition of employment. It asserts that people have the “right to be free and independent and maintain their inalienable and fundamental right to self-determination to make their own health decisions” (Washington State Legislature, HB 1305). Other bills in progress are Senate Bill 5144 which would prohibit a state agency from requiring the COVID-19 vaccination as a condition of employment (Washington State Legislature). House Bill 1065 would prohibit public and private employers from requiring the COVID-19 vaccine as a condition of employment until it meets certain standards and then provide medical, religious, and philosophical objections to this vaccine (Washington State Legislature). House Bill 1570 would prohibit government entities from requiring individuals to present proof of COVID-19 vaccination to access public space, including businesses, entertainment, or other lawful purposes (Washington State Legislature). Finally, House Bill 1006 would protect the right of every Washington resident to decline an immunization or vaccination based on religion or conscience (Washington State Legislature). These bills have yet to pass the Legislative Branches, however, they are going through the legal channels to make a law. The current mandates on masking, testing, and vaccinations for SARS-COV-2 are not laws and did not go through the channels created and defined in the US Constitution (Cornell Law School, n.d.).
According to Robert F. Kennedy Jr., after consulting with attorneys around the USA, he found that many institutions and employers, when faced with potential litigation over mandating the SARS-COV-2 vaccines prior to FDA approval, or in direct violation of laws protecting freedom of religion and protection of the disabled, they have chosen to suspend or withdraw the mandates, rather than engage in litigation. Many have decided to NOT mandate these vaccines even if they receive FDA approval due to the potential for liability (Children’s Health Defense).
In the Secretary of Health’s State Mask Mandate (State of Washington DOH, 2021), the order reads, “Every person in Washington State must wear a face covering that covers their nose and mouth when they are in a place where any person from outside their household is present…subject to the exceptions and exemptions below.” Please note that one of the exemptions is “when any party to a communication is deaf or hard of hearing and not wearing a face covering is essential to communication” (page 4). The exemption to the mask mandate continues further down on page 4, “People with a medical condition, mental health condition…or disability that prevents wearing a face covering. This included…people with a medical condition for whom wearing a face covering could obstruct breathing…” (page 4). Under Additional Provisions, the description of what is considered an appropriate face covering is provided:
1) fits snugly against the sides of the face,
2) covers the nose and mouth, secured with ties, ear loops, elastic bands, etc.
3) includes at least one layer of tightly woven fabric without visible holes but multiple layers are recommended.
4) KN95 or N95 masks, or
5) clear masks or cloth masks with a clear panel when interacting with people who are deaf or hard of hearing…people with disabilities, and people who need to see the proper shape of the mouth for making appropriate vowel sounds” (page 4).
While some businesses can ask their employees to do more than the mandate, any disabled person with a medical mask exemption falls under the exceptions listed within this mandate, as well as the CDC recommendations and the ADA laws. Students are customers of the college, not employees, so their relationship falls under being allowed to choose what type of face covering fits their personal health needs.
The Washington State Department of Health cites the CDC that those with “COPD, asthma, and other lung conditions are at increased risk when wearing a mask. The mask order has exceptions for people with certain health conditions” (Washington DOH, Mask). Nowhere in the mask mandates, at either the state or the federal levels, does it say that businesses, colleges, schools, or any other entity can discriminate against a person with any of these disabilities and force them to wear any mask, let alone an N95 or KN95 respirator mask. WDOH actually tweeted, “if someone near you isn’t wearing a face covering…no need to say anything to them. Some people may have a medical reason for not wearing a face covering” (Twitter account).
Private businesses are in a different category than public or government facilities such as TCC. According to the EEOC and other government entities, private businesses may require a face covering of some sort for their customers but must allow for accommodations such as a face shield (CDC, 2021). They cannot dictate the type of face covering a person chooses to provide that face covering meets or exceeds the current guidelines in place (EEOC). TCC is a public entity that receives state and federal tax dollars. It does not fall under the private business category. Therefore, colleges, universities, and workplaces can require their employees to wear specific masks, but they cannot demand that of their customers, the students.
This author has clients that have filed discrimination complaints against both public and private businesses for denying them equal access under the law or denying them reasonable accommodations for masking. Those businesses were heavily fined for their violations. The ADA is currently recognizing mask discrimination against disabled persons. They are also recognizing vaccine discrimination as well. One client did not even have the specific medical conditions listed under the exemptions and the ADA found that the masking was indeed harmful to this person’s health, and the face shield was an appropriate accommodation. They ruled in favor of the disabled person. Of course, this personal information cannot be shared as they are protected by Privacy laws, but you should know this information. All businesses violating laws risk ADA and Civil Rights complaints if they continue to fail to offer equal treatment to those with medical exemptions to masking, testing, or vaccines. Equal treatment includes having equal access to all the services that the vaccinated students and those who can wear the N95, KN95, or double masks or get the COVID tests or the vaccines.
There are many types of masks, and they all offer different filtration rates. There are fabric, procedure, surgical, and many other basic types of masks. Masks with clear panels, or entirely clear for working with the hearing impaired or disabled, as discussed above. There are also respirators or high filtration masks, with the most common one, the N95 or KN95 masks that TCC currently is mandating unvaccinated persons wear while on campus. There are higher filtration masks including but limited to the N97, N99, N100, P95, P99, and R100 masks (OSHA). The N95 and higher are classified as NIOSH-approved respirator masks. These masks are designed for specific situations and environmental conditions and are not to be used casually due to the risks.
When asking employees to wear respirator masks, OSHA guidelines must be followed (OSHA). This includes proper training on N95 mask use and proper fitting of the masks and instructions on how to maintain them. The agency must provide the mask to the people when they require them to be worn (OSHA, 1910 Subpart 1). Prior to issuing these individuals an N95 or higher filtration mask, each person must be medically examined to make sure that they are safe to wear one of these masks (Williams, 2020). The cost of this examination falls on the agency demanding the application of the mask (EEOC, OSHA, CDC, FDA). The fit must be done by a trained individual to fit the respirator mask to the individual’s face (OSHA, FDA). An improperly fitted mask does not work.
As the former mask educator, fit evaluator, and coordinator in Infectious Disease, this was this author’s expertise and one of her passions. In the reference list, you will find the links to articles regarding the N95 and higher respirator masks. Additionally, research studies are recommending respirator masks ONLY for healthcare situations where the healthcare provider is caring for a patient with an active infection of COVID or TB (CDC, OSHA, FDA). An active infection is where there are symptoms of infection such as fever or the presence of coughing, sneezing, or other aerosol-generating procedures (Dheda, et. al. 2021). The CDC guidelines for N95 masks, specifically state, that the N95 guidelines pertain to healthcare settings ONLY, and are NOT intended for non-healthcare settings or for people outside of the healthcare setting, which would include the TCC campus (CDC, September 2021).
So, what does OSHA consider to be a face covering? OSHA defines a face covering as “covering the nose and mouth” and as, “simple barriers worn over the mouth, nose and chin” (OSHA, April 2021). They relate individuals may “choose” to wear a higher quality mask but must follow the CDC guidelines, which are provided throughout this summary. Please note that recommendations for schools made by the CDC pertain only to K-12 grades, not colleges and universities that fall under the workplace guidelines for employees and customers (April 2021).
Employers are to provide face coverings for employees who request them (or college campuses if the campus is requiring masking, OSHA, April 2021). Some businesses, colleges, and universities in Washington State continue to require N95 or KN95 masks for unvaccinated employees, staff, and students. These entities would be required to provide at their cost the respirator masks to the employees and students in accordance with the EEOC guidelines, which will result in a significant cost since the masks are disposable, one-time wear only. An internet search found the average cost around $0.50 to $2.00 or more each. Colleges or Universities requiring the students and customers, many of which have little to no income to provide these expensive masks creates one of the educational burdens that the Deputy Attorney General, Ms. Karlan wrote about. Don’t forget the OSHA requirements of providing medical evaluations by a licensed provider which may get into violations of students' health privacy laws, certified fit testing, and training on the proper use of the respirator masks under 29 CFR 1910.134, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), including when employees (or students) voluntarily provide their own (OSHA, April 2021). Any other PPE required by the entity would also have to be provided at TCC’s expense, even if the individual requires a special accommodation (OSHA, April 2021).
An interesting fact is that a large number of fake N95 masks were delivered to hospitals throughout Washington over the past several years. These masks provided no more protection than a basic procedure mask and there was no difference in how they worked. This story was originally reported by the News Tribune (https://www.thenewstribune.com › news › state › washington › article249665673.html). Another interesting fact is that the CDC recommends that N95, KN95, and other high-filtration masks be saved for high-risk areas in healthcare due to the shortage of supplies (September 2021). As a result of the shortages which remain in effect today, many healthcare facilities are using optimization strategies and reusing N95 masks. It is climate, eco, and community friendly, for the general public, such as students at college campuses, not to use the respirator masks which are so desperately needed by our hospitals, clinics, and first responders.
It is also noted that according to the CDC, the N95 or higher filtration or respirator masks pose a significant physiological burden on the people wearing this medical device. This author mentions this out of concern for employees as well as the students at the colleges and universities, as this author is not sure that the administration realizes the toll that these types of masks take on the wearer. Even the CDC agrees that these masks can cause headache, dizziness, fainting, hyperventilation, nervous system changes (altered cognition and judgment, decreased situational awareness, difficulty with sensory, cognitive, and motor abilities, decreased visual acuity, activation of the sympathetic nervous system with direct effects on the heart and blood vessels), decrease in cardiac contractility, vasodilation of the peripheral blood vessels, elevated carbon dioxide levels in the blood leading to respiratory acidosis which can be fatal, low blood sugar, anxiety, skin infections, allergies, heat stress, and many other issues (Williams, et. al, 2020). Expecting students to perform to the best of their ability with these physiological constraints is unethical.
The CDC recommends that respirators/high filtration masks, such as the N95 and KN95, not be worn longer than one hour at a time (Williams, et. al, 2020). Currently, there are no breathing breaks for N95 wearers built into TCC’s unvaccinated mask policy. In fact, it appears that the unvaccinated must wear the N95 100% of the time while on campus, including while outside. As a former college and university professor and Dean, the author is aware that there is usually just enough time between classes to get to the next class. College and University campuses are generally large and navigating around the campus would become quite tenuous for those who are essentially exercising while wearing a device that is NOT rated for exercise. This also applies to any job that requires movement for work. In fact, the CDC also said that no mask should not be worn when exercising. Since the unvaccinated, according to their current policies are not to remove the N95 mask while in the business or on campuses without risking “disciplinary action or expulsion” (email received from a college) how are these wearers supposed to comply with the CDC and OSHA guidelines for wearing said medical devices?
Hospitals have been using high filtration masks, such as the N95 and N97, for over 30 years, usually with TB patients and these organizations are aware of the risks these masks pose on their employees. Patients are NEVER given these to wear. Even TB patients are not given an N95 mask. They are told to wear surgical face masks (CDC, TB Infection, page 212), and a prescription is provided for these masks by their healthcare provider.
In hospitals, healthcare providers are trained to deal with medical emergencies that arise with the prolonged use of respirators/high-filtration masks. They have policies requiring breathing breaks and other safety measures. What safety measures are in place in businesses or education? Are the businesses or educational facilities prepared to have a paramedic, nurse, or other healthcare providers, at TCC’s expense, immediately available to render emergency medical care to staff and students should one of the above situations arise? What about the liability that comes with forcing employees and students to wear these masks for extended periods of time in direct advisement of the CDC and OSHA because they are “unvaccinated”? What if someone dies as many of the above conditions can be fatal?
The current vaccines available in the United States remain under Emergency Use Authorization (EUA). The FDA states that the recipients of the EUA vaccine be informed of all known and potential benefits and risks of the said vaccine and to what extent the benefits or risks, known or unknown, might have on said individual. Each person has the option to accept or refuse the vaccine and any available alternative to it (FDA, Emergency Use Authorization for Vaccines Explained, 2020). Based on the information provided by the FDA’s EUA for the SARS-COV-2 vaccines, no student, faculty, or employee can be forced to take them. Even WebMD and the Kaiser Family Foundation voice concern regarding the mandating of EUA vaccines (Terry, 2021 & Musumeci & Kates, 2021).
The EEOC relates people who cannot vaccinate for medical reasons are protected under the Americans with Disabilities Act (OSHA, April 2021). The ADA specifically states that “discrimination arising from many different contexts, including education…and places of public accommodation” will result in civil or criminal penalties. “We must ensure that fear and prejudice do not limit access of race, religion…disability, or other protected classes (DOJ, n.d.). This author would submit that the unvaccinated masking policy using stricter protocol than that of the vaccinated is based on fear, not on fact, and falls within the caution given by the EEOC, ADA, and DOJ. The DOJ states, that the laws protecting against discriminatory behavior will be “vigorously enforced” (DOJ).
There are many reasons why a person cannot or does not choose to get the COVID-19 vaccine, including medical, conscience, and religious. TCC has been proactive in granting medical and religious exemptions, and you are commended for this. Many organizations have not behaved so ethically. Caution, however, should have been used prior to mandating the SARS-COV-2 vaccines. There is much that is unknown about these products, including the lack of knowledge of the long-term effects on recipients (and their future offspring) 1, 5, 10, or even 20 years from now. Eventually, more will be known. In addition, 100% of the vaccines remain in the clinical trial phases, even Comirnaty (Shrestha, et al. 20201). Shrestha writes that at this time there are 12 COVID-19 vaccines approved for EUA with a lack of rigorous data from long-term trials on their safety. This means health departments need to strengthen the postmarketing surveillance of recipients for adverse events (2021). The science is not settled.
Based on the current VAERS reports, less than a year into the vaccinations, there is a distinct possibility that places like TCC will regret mandating them. I will address the efficacy below. As of November 13, 2021, in the U.S. there have been around 875,653 reported SARS-COV-2 vaccine injuries, 135,400 serious injuries, and 18,461 deaths directly attributed to the vaccines that were reported to VAERS (2021). These events, according to Harvard, account for less than 1% of the actual injuries and deaths from vaccines (Lazarus, et al, n.d.). The CDC’s National Immunization Program has been aware of this flaw in the VAERS reporting system for over 25 years, and yet there has been no change in the system. For example, the BJM, related in 2010, that vaccine adverse events on children in Australia was grossly underreported for Kawasaki Disease in the VAERS system. Their conclusion was that the real number was not 1 in 200, but 23.1 in 2000 and 24.6 in 2006. This leads to the conclusion that the statistics on the SARS-COV-2 vaccines found above should be assumed to be underreported.
The most common reason people are getting medical exemptions is due to an allergy to one or more of the ingredients in the SARS-COV-2 vaccines or a severe reaction to another vaccine. They are advised to not receive the SARS-COV-2 vaccines (CDC, March 2021). The fact a person has an allergy falls under the ADA and Civil Rights Laws. Thus, treating the unvaccinated with medical exemptions differently and barring them from equal access to the campus and its services is discriminatory and a public accommodation violation under ADA laws (DOJ, 2021). The ADA laws do not put the burden on the disabled to comply with additional requirements for equal access, rather, the facility is required to accommodate the disabled. There is an undue hardship clause for businesses, however, there is no hardship incurred in requiring the same mask policies for the unvaccinated, as you do for the vaccinated, especially since there is a large amount of medical research which proves the vaccinated have equal viral loads (see discussion below). In fact, based on the EEOC, FDA, and OSHA statements discussed above, it would be significantly more cost-effective for TCC to treat all students, staff, and employees equally no matter what their vaccination status is. The ADA makes it clear that the COVID-19 pandemic does not trump public access laws.
The CDC reports that the vaccinated can infect other people with SARS-COV-2 (CDC, October 2021) and have similar viral loads to the unvaccinated. They also mention asymptomatic transmission by the vaccinated (Brown, et al, 2021). This study found that 74% of the people infected with COVID were fully vaccinated. Fully vaccinated means that they are 2 weeks post the second vaccination for the Moderna and Pfizer vaccines, and 2 weeks after a single dose of the Johnson & Johnson vaccine. OHSA also discusses this same fact, that the vaccinated can contract and spread the virus (OSHA, April 2021). OSHA states that the vaccinated must follow the same guidelines as the unvaccinated for masking and testing (April 2021). A quick NIH search revealed over 123 quality research articles that found that the vaccinated are just as infectious as the unvaccinated and have just as high viral loads, including the transmission of the live virus from the upper airway. Some of the persons were even asymptomatic (Bleier, Ramanathan, & Lane, 2021; Brogna, et.al, 2021; Brown, et. al., 2021, Bergwerk, et al, 2021; Alidjinou, et al, 2021).
This phenomenon is being reported in other parts of the world as well. In Ireland, for example, over 90% of the population over 18 years old is fully vaccinated. Despite the high vaccination rate and the continued restrictions on travel and home visitors, in one city alone, an average of 1,486 cases per 100,000 population occur every 14 days despite the lockdowns, vaccines, and travel bans. On October 21, 2021, Ireland reported 2,026 new cases (Johns Hopkins University, 2021). Florida with a population four times higher than the entire population of Ireland, without the restrictions or vaccine or mask mandates, had 2,262 cases over that same seven-day period (Johns Hopkins University). This trend in Ireland continues as it does in Israel, another country with a vaccination rate of over 90% (Johns Hopkins University). This is a perfect example of both the vaccinated and unvaccinated equally spreading the virus.
This research implies that organizations should either have the entire campus wear N95 masks, KN95 masks, or double mask, or everyone continues wearing the single masks the vaccinated population are currently wearing. Any other policy would directly contradict EEOC, CDC, and OHSA guidelines, and the data showing the vaccinated are equally transmitting the virus. Continuing to maintain a different masking policy singles out the unvaccinated because of their disability or their religious beliefs, which again, violates the ADA and Civil Rights Laws. This author will not be discussing religious rights any further other than this brief statement. An article on religious rights and healthcare will be written in the future.
OSHA goes on further in not advising that the unvaccinated be barred from work, or in this case a college campus. Remember, the students are the college’s customers, not their employees. Instead, OHSA states that those individuals who cannot be vaccinated are protected by the ADA and are to be protected by the facility (TCC in this instance) (April 2021). They suggest the following and it applies to 100% of the people, not just the unvaccinated: 1) maintaining ventilation systems, 2) implementing physical distancing, 3) proper use of PPE, N95 “when appropriate” (means healthcare settings), and 4) proper cleaning of spaces (April 2021). OSHA points out that “this guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory OSHA standards…” (April 2021). The CDC reminds all, vaccines have always been designed to protect the vulnerable in society. People with disabilities, medical issues with masking, testing, or vaccines are considered vulnerable persons.
Another concern is that there is no provision in businesses or educational facilities’ policies for Natural Immunity. In another quick NIH search, this author found more than one hundred current published, peer-reviewed research articles relating that those with acquired immunity to COVID-19 do not spread the virus. Basic science, biology, microbiology, virology, etc. all have agreed for over a century that natural immunity provides protection against disease. With SARS-COV-2, research has found that natural immunity is better as it provides immunity to not just the one spike glycoprotein found in the vaccines, but the outer coat proteins as well (Cohen, et. al, 2021). This promotes a persistence of antibodies. If natural immunity was not recognized, then businesses, colleges, and universities would be testing each faculty member, employee, and student for immunity to measles, mumps, rubella, chicken pox, diphtheria, pertussis, tetanus, influenza A, HIB, and all the other infectious diseases the population here in the US is vaccinated against. This particularly applies to people over 50 years old who had most of these childhood diseases and those individuals who did not receive their childhood vaccinations. Yet, businesses, colleges, and universities are not requiring proof of immunization for these communicable illnesses. They are also not testing people for colds and cases of flu, which influenza has a high mortality rate. Nor are they testing for tuberculosis (TB) which kills over 1.5 million people worldwide every year (Washington State DOH, n.d., The Clock is Ticking). One-quarter of the world’s population is infected with TB (Washington State DOH).
TB like COVID is spread by respiratory droplets. It often lies “dormant” for years until the person begins to develop symptoms of illness. The CDC says that there is a need for enhanced surveillance, detection, and treatment for TB in the USA, with more cases found in non-native residents, followed by the unhoused, and other at-risk populations (Talwar, et al, 2019). Greater than 80% of domestic TB cases are diagnosed more than 10 years after immigrating to the US. 3.1% to 5% of the US population has latent tuberculosis infection (LTBI). There are diagnosed cases of TB every year in every county of Washington state and the populations most commonly infected do attend TCC (Washington DOH, July 2021). There are 2.2:100,000 cases of TB in the USA (CDC, Tuberculosis). TB is not tested for either and it is a serious disease spread through respiratory droplets and many people are asymptomatic.
Now, this author is NOT advocating for implementing additional TB, influenza, or any other testing, although the Washington State DOH does advise that people presenting with symptoms, many mimic COVID, and risk factors be tested for TB no matter what their COVID status is. Nor does this author advocate for any other invasive testing for students, faculty, or employees, only pointing out the inconsistencies in the policies at many businesses or educational facilities when it comes to respiratory illnesses. No mask or a surgical mask for TB, RSV, colds, or influenza, but an N95 mask for people who are unvaccinated for SAR-COV-2.
Finally, regarding COVID testing, many businesses are requiring the unvaccinated prior to entry or attending work. The FDA has provided notice that Real-Time RT- PCR testing is no longer considered approved. Its emergency use authorization approval is revoked (Journal on Geopolitics & International Relations, 2021, CDC, July 2021). The FDA has given laboratories more time to implement FDA-approved testing procedures instead of this test. (CDC, July 2021). Most businesses and organizations are still using the no longer-approved EUA PCR test. Ask your businesses what testing method they plan to use. Each entity would be required to pay for this testing as well per the EEOC guidelines.
I hope this research aids you in making healthcare decisions that comply with state and federal laws pertaining to your health needs.
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