Making vaccines mandatory a problem in most workplaces
DALLAS — Here’s one way to get a lot more people to take a vaccine: require it as a condition of employment.
Private companies can adopt that policy, which could have a big impact on the uptake of the new COVID-19 vaccines now under rapid development. But such a move would be controversial.
The risk of a potential backlash can be seen in the vocal reaction against mask mandates coming from some corners. Given the current politics, imagine the potential opposition to requiring a coronavirus vaccine in order to come to the workplace.
“Employers are not trying to make a political statement, but they may be accused of it,” said L.J. Tan, chief strategy officer at the Immunization Action Coalition in St. Paul, Minnesota.
In the health care industry, it’s fairly common for employers to require vaccines. The underlying premise is that health providers must take steps to protect their most vulnerable patients.
Last year, almost 45% of health care workers said their employers required a flu shot, according to the Centers for Disease Control and Prevention. That aggressive approach paid off with 98% flu coverage among employees at those firms — twice as high as the flu immunization rate for the general public.
Outside of health care, employers are much more likely to recommend a vaccine, rather than require it. A mandate can lead to worker objections over medical conditions, sincerely held religious beliefs and disabilities — and their claims are protected.
Employers often go to lengths to increase the uptake of annual flu shots in order to promote a healthier workforce. Many sponsor health fairs and bring in
nurses to administer the vaccines for free. Some offer prizes and other incentives, and the COVID vaccine campaign is likely to have similar elements.
“It’ll be like the flu shot — plus, plus, plus,” said Harry Jones, a longtime employment lawyer for Littler Mendelson in Dallas. “There will be a lot more pressure to get it done because the cost to morale would be so great if companies have to exit the workplace again.”
Many people already complain about the fatigue from social distancing and wearing masks. By next summer, if the coronavirus is still spreading rapidly, it’s going to be difficult for employers to accept that some workers just don’t want to get a vaccine, Jones said.
“Employers will say, ‘We don’t want to make this mandatory,’ ” Jones said. “The CEOsand heads of HR (human resources) don’t want another drama or contentious fight. But they want to stop the quarantines and disruptions.
“If we have a vaccine that’s safe and working, they’re going to become frustrated and tired with just asking,“he said. “Companies think if they just ask nicely and tell the upside, em
ployees will do it. But there’s going to be some holdouts.”
He points to the evolution over requiring masks. Many elected leaders, including Texas Gov. Greg Abbott, merely recommended that people wear face coverings in public. But as COVID-19 outbreaks grew, Abbott and others imposed mask mandates.
No one’s in a rush to announce a policy on the COVID vaccine, but some companies may become pioneers. Restaurants, for example, could stand apart by having all employees vaccinated — and bragging about COVIDsafe policies. They already tout their approach to cleaning surfaces and providing curbside pickup.
“Economic factors will have a lot to do with how this unfolds, especially among workers who are facing the public,” said Robert Field, a law professor and health regulation expert at Drexel University in Philadelphia.
He said companies often require drug tests for employees and say the policy improves public safety. Requiring a vaccine could be considered in a similar light, especially if public recommendations don’t cut it.