Connecticut Post (Sunday)

Vaccinatio­n push stirs uncertaint­y

Biden mandate’s announceme­nt leaves employers asking questions about implementa­tion

- By Alexander Soule

Large and midsize Connecticu­t companies are looking ahead with plenty of questions after President Joe Biden said all organizati­ons employing 100 people or more must require vaccinatio­ns against COVID-19 or require weekly tests for the infection.

Biden’s declaratio­n on Thursday stunned the world at a time when the nation is divided over vaccine mandates, and left at least two huge questions: How will that happen? Can he do that?

Aside from those big questions, managers, lawyers and executives in Connecticu­t wondered on Friday about details. Would employers face fines? Or would companies be forced to terminate workers who do not comply? Would those workers qualify for unemployme­nt compensati­on?

“I did not see it coming,” said David Lewis, CEO of the human resources advisory firm Operations­Inc in Norwalk, who called Biden’s move “a well intentione­d effort at driving more of those who are not vaccinated to get vaccinated.”

But Lewis said the announceme­nt was “poor in execution and planning that left 100 questions, a fair amount of confusion and the likelihood that none of this will matter for some time until they work it out through whatever court challenges surface.”

In addition to larger companies, any organizati­on that sells goods or services to the federal government must adhere to the new rule.

“Let’s see how it works out — had the same thing with state employees,” Gov. Ned Lamont said on Friday. “Obviously if everybody is vaccinated that’s the best. But if I lose a third of my correction­s officers because they don’t want to get vaccinated, that doesn’t work, so that’s the balance

“It’s not clear yet — we’ll have to wait for OSHA guidance — on whether the rules apply to all employees or just those in company facilities. There isn’t necessaril­y any legal precedent, which often means this may be destined to go quickly to the Supreme Court.”

you’ve got to reach between mandates and just really giving people strong incentives to do the right thing.”

As for the rules in Biden’s declaratio­n, the U.S. Occupation­al Safety and Health Administra­tion is working up initial guidance for expected release next week on how employers should implement the order. Two of every three U.S. workers, or about 100 million people in all, would be affected by the requiremen­ts, if enacted as Biden articulate­d on Thursday.

Biden promoted the move as necessary to lower the infection rate for COVID. The White House suggested the federal government has already establishe­d a legal precedent by requiring nursing home workers to get vaccinated if they treat patients covered by Medicare or Medicaid.

Under the new rules, other medical workers will be required to get vaccinated or weekly testing including home health workers.

Connecticu­t has among the highest vaccinatio­n rates in the nation, with nearly 2.9 million residents having received at least one dose according to the latest update Thursday.

“It’s not clear yet — we’ll have to wait for OSHA guidance — on whether the rules apply to all employees or just those in company facilities,” said Gary Phelan, an employment law attorney with Mitchell & Sheahan, which has a Stratford office. “There isn’t necessaril­y any legal precedent, which often means this may be destined to go quickly to the Supreme Court.”

A spokespers­on for General Dynamics, whose Electric Boat subsidiary in Groton is one of the largest work sites in Connecticu­t, said the company is awaiting specifics and that it will comply

Gary Phelan, employment law attorney with Mitchell & Sheahan

 ?? Demetrius Freeman / The Washington Post ?? President Biden in August at the White House. On Sept. 9, Biden announced plans to impose a COVID-19 vaccinatio­n requiremen­t on companies with at least 100 employees, or otherwise collect test results weekly from workers declining to get vaccinated.
Demetrius Freeman / The Washington Post President Biden in August at the White House. On Sept. 9, Biden announced plans to impose a COVID-19 vaccinatio­n requiremen­t on companies with at least 100 employees, or otherwise collect test results weekly from workers declining to get vaccinated.

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