Hamilton Journal News

Emma Goldberg Smaller businesses navigate federal vaccine mandate

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Christie Thompson’s company, which sells and services semitraile­rs, is looking to fill a handful of open positions. But the challenge isn’t just finding qualified workers. Currently, 98 people work at the company. Adding two more employees would mean crossing the 100-person threshold that the Biden administra­tion set as its standard for compliance with a new rule requiring large companies to mandate coronaviru­s vaccines.

“As the person who’d be in charge of making all this work, it’d be a nightmare,” said Thompson, who runs human resources for Apex/ Rentco Trailer Sales & Service, based in Jeffersonv­ille, Indiana. She estimates that three-quarters of the employees are unvaccinat­ed.

Thompson would feel safer knowing her staff was vaccinated, though she said she empathized with those who are hesitant and had to surmount her own fears to get the shot.

“I wish everyone would just go out and get the vaccine and be done with it,” she added. At the moment, it’s a wish and not a rule at her workplace.

The Biden administra­tion early this month released the details of a sweeping measure requiring large companies to mandate coronaviru­s vaccinatio­ns by January or start weekly testing of their workers, expanding on a plan announced in September. The rule sorts employers into big and small right at triple digits, covering businesses with at least 100 workers. That has left some companies on the cusp fielding calls from wary employees. Some bosses are weighing whether to delay hiring to keep head counts in the 90s as they grapple with people who remain resistant to vaccinatio­n, and want assurances that the mandate will not apply to them.

The Labor Department said it chose the 100-person bench mark because it is confident that employers with at least that many workers have the administra­tive capacity to enforce the mandate. But the vast majority of American employers — nearly 6 million of them — do not meet the 100-worker standard. For companies that fall directly below the Occupation­al Safety and Health Administra­tion’s threshold, it is a confusing period.

Dawn Stanhope employs 96 people at the Boys & Girls Clubs of Manatee County, in southwest Florida. She received a frantic phone call on Monday morning from one of her workers, who wanted to know if they would be affected by OSHA’s new rule. If it applied to their organizati­on, the worker said, she worried she should look for another job.

Stanhope assuaged the woman’s concerns, explaining that the rule covers employers with 100 or more workers. The Boys & Girls Clubs of Manatee County, which offers after-school and summer programmin­g for children, had been struggling to find staffing. That now feels like a boon to Stanhope, who is relieved to avoid the mandate.

“We might lose a quarter of our staff, which would be pretty devastatin­g,” she said.

If she had the opportunit­y to fill her job openings now, pushing the organizati­on over the 100-worker threshold, she said she most likely would do so but it would be a difficult choice: “It’s easier not to have the conflict and potential of losing people.”

Stanhope’s position is made more challengin­g by the possibilit­y that the rule could be in flux. The Labor Department said during its comment period, over the next 30 days, that it would consider lowering its 100-worker cutoff, though such a change would be unusual.

“Historical­ly the key components of a proposed rule generally remain the same,” said Rhett Buttle, senior adviser for Small Business for America’s Future.

Some small-business owners with under 100 workers have put vaccine mandates in place anyway, concerned about their own safety and that of their clients and customers. Others were pleased to learn they fell outside the scope of OSHA’s rule, anxious about losing workers during the country’s labor shortage — though the experience of Tyson Foods, a large employer with a vaccine mandate, indicates the effect on staffing might be limited. And some were uncertain whether they were covered under the measure, raising questions about its relevance to remote, parttime, seasonal and other categories of workers.

A federal appeals court temporaril­y blocked the rule Saturday, in a sign of the legal battle the measure will face. The Biden administra­tion said the vaccine rule was an important step not just for public health but for economic recovery: “The single worst disruption businesses have faced is workers getting sick with COVID-19,” said Kevin Munoz, a spokespers­on for the White House. “The administra­tion has taken these actions to protect workers, not penalize businesses.”

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