Update: Plastics processors express relief after Supreme Court nixes vaccine mandate
By Karen Hanna
Companies forced to grapple with the ravages of widespread illness are turning their sights on the Supreme Court, which on Jan. 7 heard arguments about whether a proposed national COVID-19 vaccine mandate should be allowed to go forward.
In a country gripped by arguments over masks and vaccines, the Supreme Court could provide clarity over whether and how companies will have to comply with an Occupational Safety and Health Administration (OSHA) rule that employees must either get vaccines or submit to testing. The court could decide in days whether the OSHA rule, which would apply to workplaces with at least 100 employees, could go into effect in February, even as challenges to it proceed.
Employment and human-resources specialists say they have already seen some companies move forward with their own mandates. In October, Mercer LLC, a New York-based professional services and asset-management firm, found that 34 percent of the 1,000-plus businesses it surveyed already had a vaccine requirement.
John Dooney, an HR knowledge advisor for the Society for Human Resource Management (SHRM), Alexandria, Va., said companies are getting ahead of the issue by tracking employees’ vaccination status, and providing incentives to those who get shots.
While many people have levied objections to vaccine requirements, Dooney said a national standard could alleviate one of the biggest concerns employers have raised — that, amid an unprecedented labor shortage, workers might quit jobs, rather than get jabs.
“Some employers, they may be concerned that by requiring vaccinations that they have more difficulty finding staff or staff may leave to go elsewhere. One of the things to consider when we’re discussing with employers is if the vaccine mandate does come through and it’s approved by the Supreme Court, then … there would be limited options for employees to really leave and go elsewhere,” he said.
According to federal documentation in support of the Emergency Temporary Standard (ETS) establishing a vaccine mandate: “OSHA estimates that this ETS would save over 6,500 worker lives and prevent over 250,000 hospitalizations over the course of the next six months.”
Since early 2020, more than 60 million people in the U.S. have contracted COVID-19, which so far has claimed the lives of more than 833,000 people in the country.
According to the U.S. Centers for Disease Control and Prevention (CDC), about three-quarters of the U.S. population has had at least one vaccine dose, though only about two-thirds of the population is considered fully vaccinated, with multiple doses of the most popular shots, from Pfizer or Moderna, or one dose of the Johnson & Johnson shot.
But, of manufacturers surveyed in December, about one-third told SHRM only about 50 percent or less of their workforce was vaccinated.
Business concerned about continuity, as well as the health of safety of workers and their families, have had to weigh workers’ varying views on the vaccines. While studies show the vaccines are safe and effective, opposition to them isn’t softening — according to a survey by software maker Qualtrics, 75 percent of unvaccinated workers would quit their job rather than get a vaccine.
Qualtrics’ offerings include its Vaccination & Testing Manager, a system that can confirm vaccination status, collect test results and screen for COVID-19 symptoms.
Of unvaccinated workers contemplating termination over vaccination, 27 percent said they would start their own business or leave the workforce altogether, rather than pursue a new job.
According to Qualtrics, 44 percent of employees surveyed said they would consider leaving their jobs if a mandate were in place. But 40 percent of employees were on the opposite side of the issue — they said they would consider leaving their jobs if a vaccine mandate were not enacted.
Fifty-eight percent of employees told Qualtrics they support the executive order mandating vaccinations in the workplace, though attitudes toward it vary greatly by industry. For example, while 74 percent of IT and tech workers support the mandate, 50 percent of health-care workers are opposed to having their employer enforce a federal rule.
In additional Qualtrics survey results, 28 percent of unvaccinated workers told Qualtrics they would consider lying about their COVID-19 vaccination status in order to keep their jobs.
“If you’re requiring masks or requiring vaccines, then it becomes a competitive disadvantage in certain communities,” said Sig Huber, senior managing director of Riveron, a business advisory firm that works with a variety of companies and industries, including automotive parts makers.
Qualtrics’ executives acknowledge the situation has frayed nerves.
“After almost two years of adjusting to this shape-shifting pandemic, employees deserve a swift response and a clear path forward. Vaccine mandates are politically polarizing and have become an emotional issue for employees and their families. That’s why, leading with empathy will be key to creating the environment of trust and mutual understanding we need to successfully navigate this new workplace challenge,” said Sydney Heimbrock, Chief Industry Advisory for Government, Qualtrics.
One particularly thorny question for companies looking to enforce mandates is how to deal with exemption requests from applicants claiming religious or medical objections.
In cases where employers already have instituted a mandate, Dooney said most exemption requests involve medical concerns about the vaccines, which clinical trials have shown are safe and effective. But judging the validity of an employee’s religious objections isn’t easy.
“There’s not a clear-cut issue with religious exemptions. Generally, it can’t just be someone saying, ‘I have a religious exemption,’ and that’s it. Oftentimes … an employer may ask for information, maybe from a pastor as to why this is a religious exemption,” Dooney said.
In addressing religious exemptions, companies might need to seek legal advice, he said.
As the omicron variant of COVID-19 burns through the population, spurring closures of businesses and schools, as well as event cancellations, Dooney observed that businesses have myriad reasons to continue to take the virus seriously.
“An employee can get workers’ comp if they contract the virus at work. So, companies are pretty sensitive to making sure they have a safe work environment, not just for financial reasons, but really to maintain the health of their employees. One thing to consider, too, is what happens particularly with the new variant, the omicron variant, is it transmits very easily, and if say an employer had a large conference or a large meeting or large deliverable, and everyone got sick, that could really cause serious issues for an employer,” he said.
According to SHRM, 54 percent of 110 executives surveyed in December said their organization would be at risk of permanently closing in the event of an omicron outbreak. In light of the omicron surge, about two-thirds of the executives said they were worried about their organization’s ability to recruit and retain workers and remain productive. However, 86 percent said existing policies and procedures aimed at stopping workplace spread of COVID-19 gave them confidence.
As companies consider vaccine-mandate implementation, Huber recommended workplaces practice sensitivity around the issue.
“I think No.1 is a communication strategy. It’s going to be a troubling message for some of their workers to hear, and I think they need to be thoughtful on an internal communication strategy, and focusing on ‘why is this happening,’ not focusing on ‘you have to do this.’ It’s more of the carrot-versus-the-stick approach, of incentivizing people to comply,” Huber said.
Karen Hanna, senior staff reporter
Contact:
Qualtrics LLC, Provo, Utah, www.qualtrics.com
Riveron Consulting LLC, Miami, 305-563-8000, https://riveron.com
Society for Human Resource Management, Alexandria, Va., 800-283-7476, www.shrm.org
