Friday, November 12, 2021
Thursday, November 11, 2021
Dueling Dictionary Definitions Figure Prominently in the Legal Dispute Over OSHA's Vaccine Mandate - Reason - Dictionary
Briefs submitted to U.S. Court of Appeals for the 5th Circuit this week suggest that dueling dictionary definitions could figure prominently in the legal dispute over the federal vaccine mandate for private employers. Opponents of the mandate, which the Occupational Safety and Health Administration (OSHA) published last Friday, argue that it exceeds the agency's statutory authority. The Justice Department says the mandate plainly falls within the agency's powers under the Occupational Safety and Health Act. The dispute hinges largely on the meaning of key phrases in that law, which is why both sides in the 5th Circuit case did a dictionary dive, looking for definitions that bolster their arguments.
OSHA's "emergency temporary standard" (ETS) decrees that companies with 100 or more employees must require them to be vaccinated against COVID-19 or wear face masks and undergo weekly testing. Last Saturday, responding to a lawsuit filed by a Louisiana supermarket chain and six employees of a Texas company that makes kitchen ventilation systems, the 5th Circuit imposed a temporary stay on the ETS, which it said raises "grave statutory and constitutional issues." The court asked the government to "respond to the petitioners' motion for a permanent injunction" and invited a reply from the petitioners. Both briefs in BST Holdings v. OSHA address an arcane question that is apt to come up repeatedly in challenges to the vaccine mandate: Is the COVID-19 virus an "agent"?
That matters because of the legal requirements for an ETS. OSHA has to identify a "grave danger" to employees "from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." It also has to show the emergency standard is "necessary to protect employees from such danger."
The plaintiffs in BST Holdings v. OSHA, who are represented by the Chicago-based Liberty Justice Center and Louisiana's Pelican Institute for Public Policy, argue not only that the ETS is not "necessary" but also that the agency has failed to identify a "grave danger" of the sort Congress had in mind, because "COVID-19 is not a toxic substance or agent." They add that "OSHA cannot attempt to shoehorn this disease into the phrase 'new hazards.'" That phrase, they say, should be understood in context to exclude airborne viruses: "Because Congress expressly allowed for an ETS to be issued for 'substances or agents determined to be toxic or physically harmful,' the catch-all phrase to encompass other hazards must be read in light of, and limited to, items similar to those that come before it."
Nonsense, the government's lawyers say: "The COVID-19 virus is both a physically
harmful agent and a new hazard. It readily fits the definition of an 'agent,' which is 'a chemically, physically, or biologically active principle.'" That's a quote from Merriam-Webster's definition of agent. The government's brief also cites Merriam-Webster's definition of virus as an "infectious agent," and it notes that OSHA has defined "toxic substance or harmful physical agent" to include "biological agent[s](bacteria, virus, fungus, etc.)."
Not so fast, the plaintiffs say in their reply brief:
Respondents rely on definition 2b from Merriam-Webster, which defines "agent" as "a chemically, physically, or biologically active principle." But Merriam-Webster defines "principle" as "an ingredient (such as a chemical) that exhibits or imparts a characteristic quality." And an "ingredient" is "something that enters into a compound or is a component part of any combination or mixture." It is, thus, not a virus.
According to the Oxford Advanced American Dictionary, an "agent" is "a chemical or a substance that produces an effect or a change or is used for a particular purpose." Thus, in the context of the Act, "agent" means a substance that is "used for a particular purpose" in the workplace. The statute was meant to protect workers from the substances with which they are working; it does not allow [OSHA] to mandate a vaccine on 84 million American workers.
That understanding of agent reinforces the plaintiffs' more general argument that OSHA has strayed beyond its mission to protect employees from workplace hazards because its ETS "is not related to the workplace." By that they mean that the danger posed by COVID-19 is not especially acute in the workplace, since the risk exists in every setting where people encounter potential carriers. "OSHA is limited to regulating a 'grave danger' that is more likely to occur in the workplace," they say. "In other instances [cited by the government], employees faced an enhanced risk from the 'grave danger' at the workplace."
The brief mentions OSHA's standard addressing bloodborne pathogens, which aims to protect "workers whose duties involve exposure to blood or other potentially infectious materials." That example reinforces the argument that OSHA is supposed to deal with workplace-specific hazards, which do not include the population-wide threat posed by a contagious disease like COVID-19. As OSHA itself noted in the preamble to its ETS, "COVID-19 is not a uniquely work-related hazard."
At the same time, the bloodborne pathogens standard seems to contradict the plaintiffs' preferred definition of agent, since in that case OSHA treated infectious microorganisms as "harmful physical agents." The government cites that precedent in its brief.
Notably, the bloodborne pathogens standard required that employers offer workers free vaccination against hepatitis B, but it did not mandate vaccination. Neither did the COVID-19 ETS for the health care industry that OSHA published in June.
The plaintiffs argue that the ETS for private employers is "novel" in four ways: "it does not address a toxic substance or agent," "it is not related to the workplace," "it mandates a vaccine for the first time," and "it attempts to protect employees from themselves." That last point is debatable, since OSHA has long required safeguards, such as "personal protective equipment," that are at least partly aimed at preventing workers from accidentally injuring themselves. But the plaintiffs argue that the paternalism embodied in the vaccine mandate breaks new ground because it does not address a workplace-specific hazard.
"The purpose of the [Occupational Safety and Health Act] is to provide workers 'safe and healthful working conditions,'" the brief says. "Yet the ETS attributes the 'grave danger' for workers not to their working conditions but to their own 'lack of vaccination.' This is not a working condition but a private healthcare decision. Protecting employees from themselves, untethered from the workplace, far exceeds the purposes of the Act. Respondents can point to no other precedent for this extreme paternalism."
Although the Occupational Safety and Health Act "is not a catchall to be leveraged when Congress has not otherwise authorized federal action," the plaintiffs say, "that is precisely how it is being used here." The White House presented the ETS as part of a broader effort to boost the nationwide vaccination rate. The aim, it said, is to "reduce the number of unvaccinated Americans by using regulatory powers and other actions to substantially increase the number of Americans covered by vaccination requirements."
But the federal government has no general authority to protect public health, control communicable diseases, or require vaccination, all of which are primarily state responsibilities. That is why the administration decided to couch the vaccine mandate as a workplace safety measure. We'll see whether the courts think that description fits.
Top Ways To Save Money On Professional Translation - State-Journal.com - Translation
Quality translations are sometimes considered to be prohibitively expensive, however, this is not always the case. It's impossible to say if a translation is pricey or not. Understanding the translation process is the most effective approach to reduce the cost of translation services. This post will provide you with useful suggestions and background information to help you save money on your next translation assignment while keeping good quality.
Knowing how much translators charge for their services is essential
You'll have the resources you need to decrease expenses if you understand the way translators calculate their prices. Every translation case is unique, but I'd be hesitant to choose a business that requests you to send a file and then charges you a fixed rate without ever checking it. The most common way to price a translation is by the word, even though many translators choose to charge by the hour or by the page. Ask yourself “Which of these solutions is the most cost-effective for me?” A professional who bills hourly isn't automatically more costly, but being billed by the word in the original text is the easiest method to check what you'll be spending. A translation quotation is influenced by a number of elements, including the specific topic as well as the file type.
Prepare before handing the documents to the translator
Once you've opted to have your text professionally translated, make sure your assignment is well-structured, and you know exactly what you're looking for. Consider inquiries such as who seems to be your primary target group, how much you are prepared to pay, and the time frame or how fast you would require the translation. Keep in mind that translating requires some time; on average, the translator may convert about 20 pages on a daily basis. You really shouldn't put it off until the last moment, otherwise, you'll wind up paying an extra for a rush translation copy.
Use online tools to your advantage
Computer-assisted translation (CAT) methods are used by the majority of online professional translation services to assure accuracy and reliability while also lowering prices. Translation storage is used by a CAT program, which saves your translation documents in a repository and allows you to retrieve them when you want to save time for future projects. For major assignments where you must save time and cost while preserving a high standard of quality, using these technologies is critical.
Reference materials should be provided
Once you've had any content translated and are happy with the outcome, remember to give the person in charge of your translation all the sources and reference materials ahead of time. This is particularly important for specialized translations or businesses that require specific knowledge. If your translation company is aware that they'll be working with this content, the costs can be reduced, and the final papers will be compatible with your prior translation copies.
Take into account the document format
When sending a text for translation, keep in mind how much time the translation company is going to need to prepare the material. Would that be a simple Word document, a PowerPoint presentation with a lot of formatting, or an InDesign file? If your organization has someone in charge of digital design, keep in mind to let the translation company know that you'll handle the document structure and format. It might sometimes take quite a long time to convert PDFs to Word documents. Keep in mind that the less complicated the format, the less you'll have to spend.
Conclusion
To conclude, do not just consider pricing when selecting a translation firm or freelancer. To make an informed selection, get as much information as possible from the translation service provider. Using Google Translate or translators that charge outrageously low prices will have a detrimental influence on your business; cost-cutting techniques should never divert your attention away from quality. Also, based on the quantity, various translation firms provide reduced rates. If you'll require translation services regularly, let the translation firm know, so they can provide you with a quote.
Eric Wyatt is a professional freelance writer and translator. He enjoys reading foreign literature and traveling to exotic destinations. When he is not working he likes to go surfing.
Can Google Translate help you learn a second language? - RTE.ie - Translation
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Can Google Translate help you learn a second language? RTE.ieWednesday, November 10, 2021
90 Day Fiancé: Couples Who Relied On Translation Apps For Communication - Screen Rant - Translation
The 90 Day Fiancé franchise has highlighted the difficulty that international couples face when they explore serious relationships and try to communicate online. Couples often deal with cultural changes and experience issues regarding values and belief systems. However, the most common obstacle for most couples featured on the show has been communication. Discover which 90 Day Fiancé franchise couples didn’t speak the same language and had to rely on translation apps to facilitate their romance.
The 90 Day Fiancé franchise was first conceived by TLC as a show where Americans had their foreign fiancé join them in the US on a K-1 visa. Overall, these couples have 90 days to tie the knot. Alas, this extended franchise now includes spinoffs that feature couples before the proposal or US citizens who travel to other countries to meet their long-distance partners. While the majority of foreign couples are credited with learning English and taking steps to adapt to their new lives in the US, many American cast members have been slammed for putting no effort into learning their partner’s culture or language.
Moving to a new country is a stressful process, especially since many 90 Day Fiancé couples have just three months to make their relationships marriage official. On the other hand, language barriers do provide a massive obstacle as couples turn to translation apps to covey their feelings and needs. Fortunately, translation apps have made it possible for people from around the world to connect and even fall in love. However, having important conversations solely through translation can be extremely challenging for 90 Day Fiancé couples.
Anna Campisi & Mursel Mistanoglu
Anna Campisi and Mursel Mistanoglu met when the American mother and Turkish man connected online in a bee enthusiast forum. The beekeepers took their romance to the real world on 90 Day Fiancé season 7, but quickly discovered the difficulty of communicating in different languages. Anna spoke only a handful of words in Turkish, which meant she and Mursel had to rely on a translation app to facilitate communication. The couple also relied on very basic syntax to talk, though their shared love of bees and romantic spark was enough to make their romance work. Mursel has settled down in the US and become a stepfather to Anna’s children after overcoming their massive language barrier.
Karine & Paul Staehle
Paul and Karine Staehle have established themselves as one of the most notorious and chaotic franchise couples of all time. They appeared in multiple franchise shows, including 90 Day Fiancé: Before The 90 Days and 90 Day Fiancé: Happily Ever After? where they chronicled their highly unstable relationship. American Paul met Brazilian Karine after he decided to date outside of America. Paul had a memorably chaotic time in Brazil and had difficulty adapting to the culture. Meeting up with Karine marked his first time leaving the country, and issues were further complicated by the fact that Paul and Karine could only communicate through a translation app. Paul chronicled many memorable blunders in Brazil, including tearing off into the woods and insisting on swimming with a condom for protection.
Jihoon Lee & Deavan Clegg
American Deavan Clegg hasn’t been shy about her obsession with all things Korean. That’s why she didn’t hesitate at the chance to meet up with South Korean man Jihoon Lee after they met on an online dating site on 90 Day Fiancé: The Other Way. Jihoon immediately hit it off with Deavan and she admitted to becoming pregnant with their son after their first sexual encounter. Deavan briefly lived with Jihoon in South Korea, where the couple fought on numerous occasions before Deavan returned to the US. Though Jihoon eventually learned enough English for some communication, translation apps proved to be a major part of their relationship. Jihoon has blamed faulty translations for warping Deavan’s perception of how involved he wanted to be in his son’s life, ultimately revealing the flaws of such a method of communication.
David Murphey & Lana
David Murphey become one of the most notorious names in the franchise after American man made his obsession for Ukrainian women clear on Before The 90 Days. David was obsessed with mysterious Ukrainian beauty Lana who refused to take their online relationship into the real world despite David making several attempts to meet her in Ukraine. David proclaimed that he was done with dating American women and spent a whopping six figures pursuing Lana over many years. However, David failed to do one important thing- learn the language. Despite being obsessed with Ukrainian women and infatuated with Lana, David needed to rely on translation apps to communicate with her. Fans were not surprised that Lana didn’t want to date David after he finally found her.
Corey Rathgeber & Jenny
American man Corey Rathgeber and Ecuadorian woman Evelin Villegas dragged their tumultuous relationship out into The Other Way season 3. The couple, who admitted to severely being married, is currently trying to work through their problems and fidelity issues. Even though Corey has been with Evelin for years and followed her back to Ecuador, his Spanish skills are sorely lacking and the couple communicates in English. Corey was put in a new situation when Evelin dumped him before the current season aired. He traveled to Peru and started a romance with Jenny before he got back together with Evelin. When Corey caught up with Jenny, the couple needed to rely on their phones to facilitate communication. Though Jenny didn’t mind the obstacle and was quick to praise Corey, he ultimately chose to be with Evelin.
Mike & Ximena
Mike and Ximena have not yet made their franchise debut, but the New Yorker and Colombian mother will appear on the upcoming Before The 90 Days season 5. According to the trailers, Mike fell head over heels for the Colombian mother and is shown running away from the camera like Paul once did when she says she doesn’t return his full affections. Mike and Ximena’s chaotic romance is complicated by the fact that they appear to rely on translation apps for major communications. Ximena is shown dropping the bombshell that she lived with a hitman and was locked up by him to Mike via audio translation. Many 90 Day Fiancé fans are already hailing Mike and Ximena as the next Paul and Karine, but viewers will have to stay tuned to see how chaotic their relationship gets.
Bourbon Dictionary w/Taylor Calandro - 1045 ESPN - 104.5 ESPN - Dictionary
Kicking off Gametime presented by BetRIvers, live at City’s Splice and Pizza, Jimmy with odds on the CFB and update on NFL awards. Next, Andy Iskoe calls in for his CFB picks. Then, Wes Reynolds joins in for Golf, CFB, and NFL picks. Wrapping up HOUR ONE, live score updates.