From the comments section of this post comes the following:
As a former OSHA engineer, should the gov’t proceed with using OSHA to enter businesses to enforce this garbage, Employers have the right refuse entry and request that they obtain a warrant.
Now, once you do this, the scope of inspection may change from an inspection limited to the initial scope, to a comprehensive inspection of your entire business. But in my opinion, this step is necessary for every employer to do for, for a few reasons.
1. It buys time.
2. If all employers do it, it bogs down the system since each warrant must be taken to and signed off by a judge.
3. OSHA lacks the resources to effectively inspect every business which does this. (They can’t keep up with their current workloads and many have employees have already left).
4. Be difficult (this is not always the best advise when dealing with OSHA, but this is not your “normal” time)
5. Don’t pay fines, don’t negotiate, ignore them.
It is right for employers to fear being fined or shut down, but they cannot shut down a society which ignores them. Most of our instinct is to want to follow rules. But I argue that this is a different time and it is time that we collectively stand against this. If you still have difficulty convincing yourself as an employer that you can go down this path, just think of what more comes for you down the road thanks to your compliance now.