Biden unveils vaccine mandates
President Joe Biden on Thursday used the full force of his presidency to get two-thirds of the U.S. workforce vaccinated against the coronavirus, including private sector employees, health care workers and federal contractors — as well as the vast majority of federal workers, who could face disciplinary measures if they refuse.
The sweeping moves, which were quickly criticized by Texas Republicans, are the most expansive actions he has taken to control the pandemic since he assumed the presidency in January and will affect almost every aspect of American society.
Initially reluctant to enact mandates, Biden is waging an aggressive effort that will also put pressure on private businesses, states and schools to enact stricter vaccination and testing policies as the delta variant continues its spread across the United States.
Biden is acting through a combination of executive orders and new federal rules. Under his plan, federal workers, contractors and health care workers employed by institutions that accept Medicare and Medicaid reimbursement will not be allowed to opt out of testing by undergoing mandatory vaccination. Private sector businesses that have 100 or more employees will have to require vaccination or mandatory weekly testing for their workers after Biden instructs the Occupational Safety and Health Administration to draft a rule.
OSHA, which is part of the Department of Labor, oversees workplace safety, which experts say extends to vaccine mandates. The agency has issued other guidelines for pandemic precautions, such as a rule in June requiring health care employers to provide protective equipment and adequate ventilation and to
ensure social distancing, among other measures.
Slightly more than half of Americans, 53 percent, are fully vaccinated. While the number of people seeking shots ticked up considerably in August, as delta caused virus cases to soar, the vaccination rate has yet to help the nation achieve “herd immunity” — the tipping point that occurs when widespread vaccination, coupled with natural immunity, slows the spread of a virus.
White House press secretary Jen Psaki told reporters Thursday that, aside from some religious and disability exemptions, the vast majority of federal workers would be subject to a 75-day grace period for receiving a vaccine.
Cathie McQuiston, a deputy general counsel for the American Federation of Government Employees, a union representing some 700,000 federal workers, said her organization would be working with agencies to “not skip over procedures and make sure employees have due process” if they were disciplined.
It is unclear how long it will take for the new requirements to go into effect, and some will almost certainly give rise to lawsuits. However, Lawrence O. Gostin, a professor of global health law at Georgetown University, said Biden has broad latitude to compel vaccination, even for workers in private businesses.
“The federal government has ample power to regulate health and safety in the workplace,” Gostin said. “Employers have a legal obligation to comply with evidence-based federal health safety standards. Clearly, COVID-19 vaccinations are vital to ensure worker safety and could be required.”
Crenshaw calls it ‘war’
Texas Republicans have openly rebuked any COVID-related mandates, including those for vaccines and masks.
“Those businesses should openly rebel against any such rule,” U.S. Rep. Chip Roy, R-Austin, tweeted as the news broke.
Gov. Greg Abbott issued an executive order last month barring all public entities from requiring their employees to get COVID shots. Some, such as San Antonio Independent School District, have defied the directive.
Abbott’s prohibition also applies to any public businesses that receive any sort of state funding, which can come through grants, contracts, loans and other outlets. It’s not immediately clear how the Biden administration’s new rule will affect that order.
U.S. Rep. Dan Crenshaw, R-Houston, said the federal mandate amounted to “declaring war” on Americans. Instead of requiring vaccines, the government should explain potential benefits and risks to the public and then leave people to make their own decisions, he said.
“Leave people the hell alone,” Crenshaw said on Twitter. “This is insanity. Mandates are cheap governance.”
Still, the leader of the Greater Houston Partnership, the region’s largest chamber of commerce, says the group backs vaccination requirements for workers, particularly with an option for frequent testing.
“We support companies requiring employees be vaccinated against COVID-19 and applaud steps that lead to improving our community’s vaccination rate,” GHP President and CEO Bob Harvey said. “That said, the details about the new federal mandate matter, and we need to learn more about enforcement and reporting mechanisms to ensure this doesn’t present an undue burden on businesses.”
‘The right thing to do’
In July, Baylor College of Medicine followed Houston Methodist to became the second Houston-area health care facility to require employees to be vaccinated against COVID-19. Baylor’s requirement has been “broadly accepted” by its 3,500 workers, with “very little pushback” from those who refuse on medical, religious or personal grounds, said Dr. James McDeavitt, dean of clinical affairs.
“It is the right thing to do,” he said, even though “it is not going to help us with the current delta surge.”
The spread of the highly infectious delta variant had pushed the country’s daily average caseload over 150,000 for the first time since late January, overwhelming hospitals in hard-hit areas and killing roughly 1,500 people a day. The surge has alarmed Biden and his top health advisers, who see mass vaccination as the only way to bring the pandemic under control.