Public hearing on COVID requirements a waste of time

Superficially, it doesn’t seem like an unreasonable request. Convene a legislative public hearing to hear those who believe they are being wronged by employers adhering to COVID-19 vaccination requirements.

What could possibly be wrong with hearing views of constituents as requested by a handful of state legislators?

Unfortunately, such a hearing gives credibility to the views of an unreasoning antivax minority. It gives a public forum to fear mongers.

As well, it implies that antiCOVID health and safety restrictions — or virtually any workplace health and safety regulation — could be disregarded.

Ah, but “This is a group of people who … feel that they have nowhere else to turn,” says one of the legislators who sought the hearing. “Simply listening is the first requirement for anyone who signs up to serve in the General Assembly, and it’s a responsibility my colleagues and I take seriously.”

Be that as it may, listening is probably all they can do since they don’t have a legal leg to stand on. As an attorney focused on labor law, I say without reservation that the government has every right to impose health and safety regulations on employers, and the public at large, which are designed to protect public health.

Ever since Congress created the Occupational Safety and Health Administration in 1970, it has been the goal of the U.S. Department of Labor to ensure safe and healthful working conditions by setting and enforcing workplace standards that are designed to carry out its workplace health protective mandate — standards that are not optional.

It is worth noting that government vaccine mandates have been established since 1905 when the U.S. Supreme Court held that Cambridge,

Mass., could require all adults to be vaccinated against smallpox. As well, school districts require school-aged children to be vaccinated against measles, rubella and polio. It is for the public’s benefit.

Unless a union or other employment contract otherwise specifies, private businesses can require employees to be vaccinated as a condition of employment just so long as they allow exemptions for medical reasons and seriously held religious beliefs. This rule is in line with ordinary workplace regulations.

An employer can require all workers to wear steel-toed work shoes in accordance with labor regulations to protect its people from things dropping on their toes. If a worker refuses, that worker can be fired. The same is true if a company requires workers to wear eye protection to protect them from eye injury. If a worker refuses, that worker can be fired.

Eye protection or steel-toed shoes or a COVID vaccine can be a condition of employment.

Thus, if a company requires its workers to accept a government-approved COVID-19 vaccine to ensure the public health and safety of everyone in that workplace, and workers refuse, they can be fired. This is settled law, not a speculative theory. People can complain all they want, but the law is there to protect the workforce majority as well as the public that they may come into contact with while performing their jobs.

A public hearing isn’t going to change the science or the law.

Comply or face the consequences. It is a rule that exists for everyone’s benefit.

Robert B. Mitchell is a partner in the Stratford-based law firm Mitchell and Sheahan PC. He represents employers and employees in employment law cases and management in union-related labor law issues. He can be reached at 203-873-0240.