OSHA COMPLAINT FOR THE MANDATE

From a member:

Good Morning NDOC employees. I need your help and assistance in helping me help you. As many of your are aware the NDOC has initiated progressive disciplinary action against unvaccinated employees whom are asserting legally protected rights in the form of Letters of Written Reprimand (L.O.R.) which in part erroneously allege that employee’s violated a “safety rule”. This is another back door method to terminate employees should the first charge of “disobeying a lawful order, regulation, ect” fail. They are alleging that for no other reason than you, a health individual refused a vaccination, you are now a threat to everyone. Violating a safety rule is ground under the State’s disciplinary policy for termination. I am attempting to shut that nonsense down ASAP. The best method I know, is to go directly to OSHA, the top safety experts. If, OSHA determines we are operating as dictated under the new Emergency Temporary Standards (ETS) COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov)https://osha/gov/coronavirus/ets2 (see Workers Rights) which requires weekly testing, screening, and wearing masks, including for non-vaccinated employees with religious and or medical disabilities, then there is not reason the “safety rule violation” will withstand that challenge. Despite what the media asserts, the Biden “vaccine mandate” as enforced by OSHA still explicitly protects unvaccinated employees from retaliation and or discrimination where covered under federal law. The Nevada Legislature has adopted these OSHA standards. IF YOU take a few minutes to file a complaint with OSHA at File a Complaint | Occupational Safety and Health Administration (osha.gov) https://osha.gov/workers/file-complaint and request OSHA conducts onsite compliance checks, then possibly the NDOC’s false pretext of violating a “safety rule “ can be overcome. If YOU want to save YOUR job, then YOU will need to exhaust every avenue. I know there is a lot of work to do, and things to remember. It is easy to get discouraged. Efforts, guidance, and direction has been given to you, to assist you, and give you the best change to retain your rights and employment. Do not assume someone else will do this work for you. If every believes sits on their hands, relying on others to do all the work, then the outcome is assured. By filing this complaint, your are attempting to deny the NDOC this avenue to terminate you, while affording yourself additional legal protections under anti-retaliation and whistle blowing protections. Below is a sample of two answers to specific questions within the OSHA complaint form. File a Complaint | Occupational Safety and Health Administration (osha.gov) * 10. Hazard Description. Describe briefly the hazards(s) which you believe exist and on what date you last observed the hazards. Include the approximate number of employees exposed to or threatened by each hazard: This site said this form could be used to report violations of regulations and standards, which would include the recent Emergency Temporary Standard (ETS). OHSA's website links to the ETS Facts Sheets for "Workers Rights under COVID-19 Vaccination and Testing ETS", Facts Sheet for COVID-19 Vaccination and Testing", and the summary of COVID-19 Vaccination and Testing." The OSHA ETS cites Permissible Disciplinary Action for non-compliance to safety protocols, however the NDOC has misinterpreted the ETS to authorize the mandatory vaccination of all employees or the ability to terminate employment for non-compliance. The OSHA ETS provides safety protocols for unvaccinated employees whom have asserted legally protected rights for religious and or disability reasons, to continue to work. The fact sheet states that OSHA has anti-retaliation or discrimination protections. The NDOC enacted and initiated a discriminatory policy to terminate employees who assert any exception to the mandatory vaccination policy. I request OSHA conduct onsite check to ensure that the NDOC is in compliance with all safety standards for testing employees and PPE enforcement, along with the proper implementation of the ETS. The misapplication is causing PTSD type distress to the NDOC employees. NDOC Contact information: Contact the Nevada Department of Corrections (nv.gov) Nevada Department of Corrections 5500 Snyder Avenue, Bldg. 17 P.O. Box 7011 Carson City, Nevada 89702 Phone: (775) 977-5500 OR Casa Grande Transitional Housing 3955 W. Russell Road Las Vegas, NV 89118-2316 Phone: (725) 216-6000 Fax: (725) 977-6110 * 11. Hazard Location. Specify the particular building or worksite where the alleged violation exists: All NDOC Institutions and Facilities Statewide. Thank you for your continued efforts, hold in there. Sincerely; Anonymous