CoVID Legally Pending

July 22, 2023

Corona Baloney Hoax Pandemic 2020 –

August 4, 2023

Gideon Jacobs File

Work Health and Safety Risk Assessment November 2021
Gideon J. Jacobs (Updated 4 December 2021)

Introduction
The Queensland Work Health and Safety Act 2011 (WH&S Act) under section 19 (Primary duty of
care) states:

And under section 17 (Management of risks) states:

Section 18 of the WH&S Act defines what is reasonably practicable and states:

Objective
This risk assessment has the following objectives:
1) Assessing the risk posed by Covid-19 to staff if they are:
a) not vaccinated against Covid-19
b) vaccinated against Covid-19;
2) Assessing the risk to employees if they are mandated to take a Covid-19 vaccine in order to
retain their employment as recently directed by The Queensland Government, from having
taken the vaccine, on their short, medium and long term health;
3) Assessing the risk to patrons and customers any employee who chooses not to be vaccinated
might pose;
4) Determining if the recent Queensland Government directions places the employer in breach of
any Acts passed by parliament, state or federal, by mandating employees to be vaccinated
against Covid-19 or any international treaties or covenants in order to retain their employment.

Method
In order to achieve the objectives of this risk assessment:
1) Covid-19 case data will be analysed specifically for the age bracket in which employees of this
company (0-59) falls,
2) Medical articles addressing risk versus benefit for the Age Bracket in relation to vaccination
against Covid-19 and other articles published in scientific papers around the broader topic of
Covid-19 and vaccines promoted for the use against Covid-19 will be assessed:
3) Various State and Federal Acts brought in as law and as passed by parliament as well as
international covenants and treaties Australia is a signatory to will be investigated, and
4) Statements made by government officials and information released by government bodies will
be taken into consideration.

Assessment
A) Covid-19 risk to working age people
First an assessment will be done on Covid-19 till the period July 2021 before significant numbers of
the population in the age group 0-59 had taken a vaccination for Covid-19. This is in order to be able
to compare the impact of vaccination on risk and specifically the risk of mortality or serious injury
from both Covid-19 pre and post vaccination and the safety and efficacy of vaccination for Covid-19.
Vaccine mandates based on available information started in August 2021.
The following information and data on Covid-19 mortality are noted (source Australian Bureau of
Statistics [1]):

Table 1

Figure 1

According to Table 1, the 12 monthly total deaths due to respiratory diseases averaged across the
period 2015-2019 were 14,355. The total deaths due to respiratory diseases for 2020 was 12,116
and deaths attributed to Covid-19 was 853 and for the period January to July due to respiratory
diseases was 7,552 and for Covid-19, 16 deaths. A summary is presented in Table 2:
Table 2.
From the summary presented in Table 2 (using data from Table 1), it is clear that despite Covid-19,
the number of deaths attributed to a respiratory illness declined instead of rising as one would
expect in the case of a declared pandemic. It further shows that, despite measures taken by the
Australian Federal and State Governments such as lockdowns and other mandates, influenza and
pneumonia (both are considered communicable diseases) if lumped together with Covid-19 were
only reduced by around 9.7%. One would expect they should have been greatly reduced with these
measures. Further it indicates that influenza and pneumonia is somewhere between 14.2 and 472
times more lethal than Covid-19.
According to the Australian Bureau of Statistics 78% of Australia’s population is between the ages of
0 and 59 [2].

Figure 1 depicts mortalities from Covid-19 for the period January 2020 to July 2021 based on age and
sex.
Total deaths attributed to Covid-19 in the age group 0-59 was 15 males and 7 females totaling 22
out of the recorded 920 Covid-19 deaths. Only 2.39% of the deaths were from the group that makes
up 78% of the population and of those, 73.4% had pre-existing chronic illnesses. Assuming that the
ratio of 73.4% is representative across all age groups, then 16 out of the 22 people aged 59 and
under had at least a serious underlying condition, leaving potentially only 6 people in this group
whom might have died from Covid-19 where it was the sole cause of death.
Figure 2 shows the deaths by age group as reported on 3/12/2021 [3].

Figure 2

Totaling for each sex and group from 0-59 it is shown that 122 males and 68 females died from
Covid-19 as of 3/12/2021 from when the first case was reported in 2020. Thus, from 1 August to 3
December a period of roughly 4 months, the total number of deaths attributed to Covid-19 rose
from 22 to 190. Considering that the first case of Covid-19 in Australia was reported in January 2020,
only 22 deaths occurred in the age group 0-59 over a period of approximately 18 months. Yet, since
the vaccination rollout in Australia started gaining momentum, deaths attributed to Covid-19
increased 8.63 fold. If one calculates the increase based on an averaged monthly increase for the
period to July 2021, there was an average 1.22 deaths in this age group per month which has now
increased to 47.5 per month.

This indicates an increase of 38.9 fold of deaths attributed to Covid-19 in ages 0-59 since mass
vaccination gained momentum (this figure excludes any deaths attributable to vaccine injuries).

Although this does not prove causality. One would have expected to see a decline in deaths in this
age group if the vaccines were effective, not an increase.
To try and determine if there is any link between vaccination for Covid-19 and increased deaths, one
will need to look at the reported case numbers.
According to the Australian Government Department of Health a total of 33,732 (Figure 3) Covid-19
cases were reported as of 29 July 2021 [4].

Figure 3

Even though the highest number of positive cases were in the age group 20-29, this group had no
deaths contributed to Covid-19 as shown in Figure 4 (totals until 29/07/2021).

Figure 4

Based on the DEATHS BY AGE GROUP AND SEX graph of Figure 4 there were approximately 2 male
deaths in the age group 30-49 and approximately 15 to 17 deaths in the age group 50-59. Based on
information presented earlier, a total of 22 deaths were reported for the age group 0-59. From this
graph one can account for approximately 17 to 19 of the 22 reported deaths as of the end of July
2021.

Determining the risk factor for the age group 0-59 and expressing it as a percentage one finds that
up to this point the risk of death from Covid-19 is 0.065%. If the risk factors are calculated for the
various sub groups within this group, one finds that the risks are as shown in Table 3.

Table 3

Based on the number of cases reported and using Table 3 which is derived from Figure 4 a
reasonable idea can be formed about the risk of Covid-19 for the various age groups under the age
of 60 years prior to mass vaccination adoption.

Figure 5 shows totals till 2/12/2021.

Figure 5

Total cases per age group as on 4/12/2021. Figure 6.

Total deaths per age group as on 4/12/2021. Figure 7.

One can now do the same for the period since the implementation by governments of more
aggressive means to get people to get the Covid-19 vaccines. This is presented in Table 4 derived
from Figure 2 and Figures 5, 6 and 7. (Figures 2 and 7 are of the same data as released 24 hours
apart). The total number of deaths attributed to Covid-19 for the composite age group 0-59 is 122
males and 68 females totalling 190. It must be noted that data to determine the number of people in
this age bracket whose deaths have been attributed to Covid-19 who have either received or not
received any vaccinations for Covid-19 could not be obtained and therefore no conclusion can be
drawn if either category is at a higher risk.

Table 4.

Figure 8.

Based on the total number of tests for Covid-19 that occurred in Australia thus far, as shown in
Figure 8, 0.4% returned a positive result. The median risk factor of death from Covid-19 from
January 2020 to 4 December 2021 for the age group below 60 years is 0.0365%. Considering that
based on positive test results, a person has a 0.4% chance of being infected when tested, the risk of
catching and dying from Covid-19 for the age group 0-59 is in the order of 0.000146%.

Based on a study published by Aye Moa , Mallory Trent and Rob Menzies titled, Severity of the 2019
influenza season in Australia- a comparison between 2017 and 2019 H3N2 influenza seasons [5], the
number of influenza cases reported for 2017 was 233,453.

To be able to gain a perspective comparison between influenza and Covid-19’s respective
transmissibility the 2017 influenza and 2020 as well as the total number of cases to 2/12/2021 can
be compared.

For the period since the first reported Covid-19 case in Australia till the end of July 2021 (18 months)
33,732 cases of Covid-19 were reported with 904 laboratory confirmed deaths across all age groups.
Influenza alone, excluding other respiratory diseases such as pneumonia, for 2017 resulted in
233,453 reported cases and 745 deaths. On the surface level, a conclusion could be drawn that
Covid-19 is more deadly than influenza was in 2017 but one needs to include the transmissibility
factor.

Australia had a population of approximately 24.6 million in 2017 and 25.69 million in 2020. Influenza
thus had a transmissibility factor of 1 in 105. Standardised for 12 months Covid-19 only had a
transmissibility factor of 1 in 1,142 (Average 22,488 cases and 603 deaths for 12 month period).

An argument could be made that the lower transmissibility of Covid-19 was due to various
government implemented measures such as lock downs and travel restrictions, but if this was true
then a significant reduction in influenza and other communicable diseases would be observed. Yet,
as shown in Table 2, these measures, at best, resulted in less than a 10% mortality reduction of
respiratory diseases. Further, other factors such as fear of contracting Covid-19, some people
increasing their vitamin and supplement intakes, especially immune boosting supplements such as
zinc, vitamin D and others and also making changes to their diets would have contributed to the
decrease.

Based on this, it is impossible to attribute the less than 10% mortality decline to Governmental
actions alone which places these measures’ effectiveness somewhere between 0% and less than
9.6%.

To offset this decline, one could add 9.6% to reported Covid-19 cases and deaths, but will also need
to add it to the influenza and other respiratory disease figures.

One could thus extrapolate that without any declaration of a pandemic and the populations
response to it, 2020’s Covid-19 numbers would have looked closer to 24,737 cases and 663 deaths
(12 month standardised). This still leaves it below the 2017 influenza death toll of 745 deaths, being
11% lower.

From this it seems that the real measurable impact of Covid-19 and therefore the risk has been no
greater than that of influenza during the 2017 flu season.

For the four months since the end of July 2021 to the beginning of December 2021, reported Covid19 cases increased by a total of 179,628 and deaths by 1,117. It has thus gone up, based on a per
monthly average from 1,874 cases per month and 50.2 deaths per month to 44,907 cases per month
and 279.2 deaths per month. One needs to consider that infection spreads through the population
as waves as clearly seen in Figure 10.

Figure 11 shows the graphs of daily cases and daily deaths superimposed on one another with a
slight time offset of the one graph in relation to the other [6].

Figure 11

From Figure 11, three distinct waves are discernible. A distinct pattern can be discerned which is
with each wave the duration of the wave increased (lasted longer). The second wave indicates a
higher mortality rate per infection than the first and third, with the third wave indicating the lowest
mortality rate per infection. From Figure 10 it can be seen that the 1st wave lasted around 2 months,
the 2nd around 3 months and the current 3rd wave is already in its 5th month and assuming a similar
normal distribution trend, could last as late as March or April of 2022, being 9 to 10 months in total.

Because the tapering off of the current 3rd wave can not be actually predicted, an attempt is made to
compare these waves with currently released data.

Table 5

In order to try and determine if this decrease in lethality of Covid-19 is due to the effects of
vaccination for Covid-19 or possibly the virus becoming less lethal with progressive variants one
needs to look at trends from a sample of other countries with varied vaccination rates.

B) Covid-19 Vaccination Efficacy

A number of countries from various regions will be compared in relation to period of pre and post
vaccination. Countries were also selected to fall across the spectrum of vaccination uptake [6], [7].

Table 6 wherein a couple of countries in relation to Covid-19 figures are compared is separated into
three blocks reflecting Covid-19 numbers. The first block lists case and death statistics for the period
25/01/2020 (when first cases outside of China were starting to be generally reported) up until the
date (Date of Vaccination – DV) each country initiated its vaccination program. The second block
shows the statistics for each listed country as of the totals as published on 04/12/2021. The third
block shows statistics based on the period since its DV up until 04/12/2021.

Table 7 is derived from the data and results of Table 6.

The following trends seem to emerge from Table 6 and Table 7.

The only two countries which have experienced a decline in both the average number of
cases and the average number of deaths per day since their vaccination program started are
Niger and Nigeria. Important to note is that both countries have a fully vaccinated rate as of
04/12/2021 of below 2%. Both countries populations could thus be deemed non-vaccinated
for all practical purposes.
Only one country, Sweden, showed a decline in average deaths per day whilst having
experienced a rise in average cases per day.
Every other country, including Australia, showed a varied but significant increase in both
cases and deaths ranging for cases from 34% increase (Armenia) to 2454% (Taiwan) and for
deaths from 32% increase (Chile) to a staggering 13,660% (Taiwan).

One would have expected that if the vaccines administered for Covid-19 were effective, that
countries like Nigeria and Niger with virtually none of the population being fully vaccinated to
have experienced an increase in cases and possibly deaths while those with active vaccination
programs see a reduction in cases and certainly a reduction in deaths since the claim made by
proponents of the Covid-19 vaccines is that it reduces hospitalizations and deaths. Unfortunately
the exact opposite seems to be the case.

The lethality decrease determined and documented in Table 5 can now be explained by the large
discrepancy in percentage increase between cases and deaths as shown in Table 7 for Australia. Yet,
no actual correlation can be determined between case increases and deaths once the other
countries figures are also taken into account. The objective was to specifically look at and compare
countries with low vaccination rates with those that have extremely high vaccination rates with
randomly selected countries which is spread between the low and high thresholds while trying to
include a wide climatic and demographic sample.

Table 6

Table 7

The following has been published in the medical journal The Lancet on 19 November 2021 [8] (Document ID https://doi.org/10.1016/j.lanepe.2021.100272).

In summary, this references published articles which supports the conclusion that was drawn earlier. It
actually offers one further crucial bit of information. Not only is transmission higher among vaccinated
people but, if infected, vaccinated people suffer a much more severe illness than people who are not
vaccinated.

This raises an alarming question around both the efficacy as well as the safety of these Covid-19
vaccines.

If nothing else, it clearly show these vaccines are not fit for purpose since it doesn’t prevent people from contracting the disease. It doesn’t reduce the severity of the disease if contracted and it doesn’t prevent transmission of the disease.

C) Covid-19 Vaccine Safety

The safety has already been brought into question in Section B) of this assessment due to a clear indicator of increased infections and deaths attributable to Covid-19 in countries which have adopted varied degrees of vaccination compared to those that haven’t yet. The question of Adverse Vaccine Reactions (AVRs) will now be assessed to determine if there are safety concerns in relation to the vaccines developed for Covid-19.

The following concerns are noted without having to do any data analysis:

Vaccines normally go through extensive animal trials before progressing to human trials. These
vaccines have not undergone extensive animal trials from what can be determined. If they did
undergo animal trials it would not have investigated possible long term effects since their
development occurred in literally a couple of months. For example, from the moment China
informed the world about the SARS-COV-2 virus outbreak in Wuhan Province, the Pfizer/BioNTech
vaccine entered Phase II human trials on 23 April 2020 [9], that is less than 4 months.
Pfizer/BioNTech applied for Emergency Use Authorisation on 20 November 2020, only 7 months
after Phase II human trials started. Normally it takes up to 10-15 years before a vaccine is approval due to the long time it takes to determine long term effects. There is no possibility that potential long term side effects in humans can be known in such a short period, being from entering Phase II trials to the date of this assessment being approximately 19 months.
All the current Covid-19 vaccines are based on new technology never utilised in vaccinations
before. The basic concept is that mRNA is delivered to a recipient’s cells whereby the recipient’s
cells then utilise the mRNA to generate a protein. The recipient’s cells then expresses this protein
which is a protein found on or in the actual SARS-COV-2 virus to which the immune system then
responds. There are no long term studies in humans to be able to determine if this process
continues past a certain initial generation window or what effect this mechanism potentially could have on a person or if there are specific medical conditions or genetic propensity which could cause undesired effects.

In Australia, the Drug Adverse Event Notification system is used to record adverse events that have
occurred after a drug or vaccine is administered. It is widely known that adverse events are grossly under reported (extract from TGA website, Figure 12). It also lists a number of disclaimers which, if applied, makes it almost impossible to determine any signal from this data. Even so, it would be prudent to look at reports of adverse events following a Covid-19 vaccination since no other source is readily available to get an idea if a drug or vaccine might pose a risk.

Figure 12

The following set of figures (Figure 13-20) represent a couple of metrics discernible around cardiac related events from the DAEN data [10], [11].

Figure 13

Figure 14

Figure 15

Figure 16

Figure 17

Figure 18

Figure 19

Figure 20

Even though focus is placed on cardio related adverse effects, it is noted that other very serious,
debilitating and life ending events have been reported including:

Guillain-Barre syndrome
Skin disorders and rashes
Cerebral haemorrhaging (bleeding on the brain)
Thrombocytopenia (low blood platelet count)
Pulmonary embolisms (blood clots)

This only represents a fraction of adverse effects reported in significant numbers on the DAEN system.

Figure 19 and 20 clearly shows that the frequency of myocarditis and pericarditis is substantially higher in younger individuals compared to older people, above 60 years of age. Myocarditis could lead to permanent heart damage and thus could not be sidelined as a mild side effect. It could also lead to chronic heart disease which will require the implantation of a pacemaker or implantable cardioverter defibrillator (ICD) [12].

In order to answer the question as to the frequency of serious side effects, the following is quoted (see
below) from the abstract of an article that was published in the medical journal MDPI on 24 June 2021
titled, The Safety of COVID-19 Vaccinations—We Should Rethink the Policy, by HaraldWalach, Rainer J.
Klement and Wouter Aukema:

Conclusion drawn in relation to: A) Covid-19 risk to working age people, B) Covid-19 Vaccination Efficacy and C) Covid-19 Vaccine Safety

It has been assessed that Covid-19 poses a very low risk to working age people and that Covid-19
poses no greater risk to working age people than did the 2017 flu season.
It has been assessed that Covid-19 vaccines are ineffective in preventing contraction and
transmission of Covid-19 and in fact, it has been shown that these vaccines are in fact
counterproductive in that Not only is transmission higher among vaccinated people, but if infected, vaccinated people suffer a much more severe illness than people who are not vaccinated.
It has been assessed that the safety of Covid-19 vaccines are more than questionable irrespective of the fact that no long term effects can be known which is supported by the existence already of serious adverse effects, including in working age people who are not at high risk of severe disease from Covid-19 and that safety concerns around these vaccines have been raised in a number of articles and papers published in medical journals of which only two have been cited in this assessment of which the one article stated that from a group of 151 healthcare workers and 97 patients, fourteen fully vaccinated patients became severely ill or died while the two unvaccinated patients developed mild disease and the other article made the very disturbing claim that for three deaths prevented by vaccination we have to accept two inflicted by vaccination.

Based on the assessment above, as an employer, we can under no circumstances require our
staff to be vaccinated with any of the currently available Covid-19 vaccines.

D) SARS-CoV-2 virus transmissibility, vaccinated versus non-vaccinated

Next, an assessment is done to determine if non-vaccinated persons are more or less likely to be
transmission vectors of the SARS-CoV-2 virus which causes Covid-19 disease compared to persons who are vaccinated for Covid-19.
Again, a reference is made to data presented in Tables 6 and 7. From this data, Niger and Nigeria with very low vaccination rates showed a reduction in cases while all the rest of the sample showed an increase.

According to a report published on August 6, 2021 by the American Centers for Disease Control and
Prevention (CDC) an outbreak that occurred during July 2021 in a town in Barnstable County, resulted in
approximately three quarters (346; 74%) out of 469 cases of COVID-19 were in fully vaccinated persons
(those who had completed a 2-dose course of mRNA vaccine [Pfizer-BioNTech or Moderna] or had received a single dose of Janssen [Johnson & Johnson] vaccine ≥14 days before exposure). Real-time reverse transcription–polymerase chain reaction (RT-PCR) cycle threshold (Ct) values in specimens from 127 vaccinated persons with breakthrough cases were similar to those from 84 persons who were
unvaccinated, not fully vaccinated, or whose vaccination status was unknown (median = 22.77 and 21.54, respectively) [13].

This indicates similar viral loads were found in non-vaccinated as well as vaccinated individuals.

A paper published by The Lancet in their Journal E Clinical Medicine by Nguyen Van Vinh Chau, Nghiem My Ngoc, Lam Anh Nguyet, Vo Minh Quang, Nguyen Thi Han Ny, Dao Bach Khoa et al. with the title “An
observational study of breakthrough SARS-CoV-2 Delta variant infections among vaccinated healthcare workers in Vietnam” came to the following conclusion (highlight emphasis added):

Another paper published by The Lancet in their Journal Infectious Diseases by Anika Singanayagam PhD,
Seran Hakki PhD, Jake Dunning PhD, Kieran J Madon MSc, Michael A Crone MBBCh and Aleksandra
Koycheva BSc et al. titled “Community transmission and viral load kinetics of the SARS-CoV-2 delta
(B.1.617.2) variant in vaccinated and unvaccinated individuals in the UK: a prospective, longitudinal, cohort study”, states the following (highlight emphasis added):

Conclusion drawn in relation to: D) SARS-CoV-2 virus transmissibility, vaccinated versus non-vaccinated

Non-vaccinated (“unvaccinated”) people pose no higher risk of SARS-CoV-2 viral transmission which
causes Covid-19 disease, than partially or fully vaccinated people.

Assessment Summary

Being vaccinated or not vaccinated for Covid-19 makes no difference in the risk of passing on the
SARS-CoV-2 virus.
Being vaccinated for Covid-19 does not decrease the risk of contracting Covid-19, nor does it
decrease the risk of dying from it.
Covid-19 vaccines can cause serious adverse effects, including death.
The risks to an individual outweighs the potential benefits when getting vaccinated for Covid-19
without any discernible benefit to society.

Based on the evidence presented in this assessment, we, as an employer, can not require
employees to be vaccinated for Covid-19 and no form of discrimination between “vaccinated”
and “unvaccinated” people can be justified. Non-vaccinated employees pose no greater risk to
other employees, irrespective of vaccine status, or customers and patrons, than vaccinated
employees. This brings The Government’s directions and validity thereof into question.

Because of the fact that an adverse event can not be excluded as a possible result from taking a vaccination for Covid-19, irrespective of the potential likely hood, which could result in death, and based on this assessment, and having no clear benefit for the individual nor the public in general, a person having a duty of care will be committing a crime which carries a 20 year imprisonment term for such person who have a duty of care, by giving a direction to, or requiring, an employee to be vaccinated for Covid-19.

There is no time limit placed on a death which results from such a directive. Thus, by knowing this
information, any person with a duty of care to an employee exposes themselves to the possibility of
receiving a 20 year imprisonment term, for committing a crime, should an employee die any time in the future from a vaccine related injury which might have been caused by a directive given to the employee by the person who has such duty of care.

It is thus impossible for an employer to follow any state or federal government directive or mandate,
that requires an employer to coerce, require or force an employee, to take a Covid-19 vaccine.

Unlawful Discrimination

Based on the assessment in this report, it will be unlawful to require vaccination for Covid-19 of any
employee based on the criteria as set out in the Queensland Work Health and Safety Act 2011 as well as
the Australian Work Health and Safety Act 2011.

Section 109 of The Australian Constitution states: “When a law of a State is inconsistent with a law of the
Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be
invalid.”

The Australian Parliament website states the following in relation to the Australian Disability Discrimination Act 1992 [16]:

Attention is drawn to section 4)(j) which includes a disability that may exist in the future. Thus, no person can be discriminated against because they may contract Covid-19, irrespective of their medical status.

An employer will thus be in breach of the Australian Disability Discrimination Act 1992 if they discriminate against any employee in any form based on the possibility that such an employee might contract a communicable disease such as Covid-19.

Conclusion

The company has complied to its obligation under the various Work Health and Safety Acts’ requirements and determined based on a risk assessment that it can not require any employee to have a Covid-19 vaccination. It can also not discriminate against any employee based on their Covid-19 vaccination status. Any state or federal directive or mandate requiring to do so will be in contradiction to both the Queensland and Australian Work Health and Safety Acts of 2011 as well as the Australian Disability Discrimination Act 1992.