Compliance

Late last year, the arrival of the first COVID-19 vaccines was hailed a medical miracle and scientific triumph that proved the world could begin looking towards a coronavirus-free future. Over the holiday season, first-responders and medical workers received their initial jabs while millions of others patiently waited to book appointments at pop-up centers, repurposed sports stadiums and arenas, pharmacies, and medical facilities. (On a personal note, my wife and I received both of our Moderna doses at Gillette Stadium, home of the New England Patriots. It was quite an emotional trip on account of receiving an historic vaccine just steps from six Lombardi Trophies.)

The Pfizer, Moderna, and Johnson & Johnson vaccines offered a glimpse of hope, one that had been missing for the better part of eight or nine months. As inoculation rates soared throughout the late winter and early spring months, many of us believed that a transcendent summer would be ahead. Vacations were planned while business leaders anticipated reopening offices and getting back to a semblance of pre-pandemic “normalcy.” President Biden aimed for a lofty goal of 160 million adults fully-vaccinated and 70% of adults with at least one shot of a Covid-19 vaccination by July 4, with actual success coming nearly a month later against those numbers.

Then the Delta variant of the coronavirus swept across the world, and in conjunction with continued vaccine hesitancy, put the United States and other nations back to daily caseloads that nearly mirrored the worst numbers of the winter surge. Executives shuffled reopening plans and enterprises braced for what could be another disruptive COVID wave.

In the midst of all of this, the Biden Administration instituted a national vaccine mandate earlier this month, a hint of frustration in its tone with how the pandemic, at this point, was that of an unvaccinated population. With tens of millions yet to get a shot, this was the only scenario the government could envision if it wanted to continue its bounce-back economic recovery and avoid another fall and winter like the 2020 seasons that nearly broke the healthcare system.

The vaccine mandate in and of itself is quite clear: companies with over 100 employees must mandate COVID vaccinations or have its employees undergo weekly testing. There are hefty fines for non-compliance, which was to be expected, with a rush of push-back from unions, state governments, and other groups across the country. However, while many of us are so laser-focused in our original thoughts regarding the mandate, there are many other questions that need to be addressed, all of which fall on the average business to manage in these uncertain weeks and months ahead:

• Above all else, this is not the government overstepping its bounds, but rather a major effort to vaccinate a large swath of the 80 million people that have not received a shot as of yet. At this point in the pandemic, the science is clear: the unvaccinated are bearing the brunt of the worst outcomes and overloading hospitals in regional hotspots. Too, the Delta variant is known for its ability to spread faster and wider, with millions of fresh infections happening within the unvaccinated community over the second half of the summer. While the vaccines boast incredible safety and efficacy in regard to severe outcomes (hospitalizations and deaths), those who are inoculated are still able to become infected and can pass along the virus to those who may be immunocompromised or who are not eligible to receive the vaccines (such as children under 12). If these business mandates can make an incredible dent in that chunk of 80 million people, it’ll help alleviate the continued burden on the healthcare system and ensure that the upcoming fall and winter seasons are not repeats of 2020.
• Weekly testing for large organizations can require serious financial resources…who’s on the hook? Some large businesses have instituted on-site testing for workers, with many of these instances in place for months now (some even dating back to mid-2020). Those sectors that require on-site testing and rapid results have benefited from this model, however, with a national vaccine mandate in place, there are serious questions as to the costs of weekly and more frequent testing and if it falls to the business or the worker. While this issue will become more clear in the immediate weeks ahead, it is something worth watching.
• Exemptions are expected, however, how do businesses manage larger or more concentrated numbers of these instances? A handful of exemptions (religious or medical) in a 250-person company is manageable; a handful of exemptions within a small team within a larger organization is a problem. How do businesses ensure safety while still respecting legal vaccine exemptions? Is remote or hybrid work a solution to this unique issue? Do businesses attempt to cycle in-person days based on a worker’s vaccination status?
• Could mandates lead to employer retaliation over OSHA violations? Whistleblowers should feel comfortable reporting mandate violations to OSHA without fear of retaliation from employers or managers. While vaccine mandates are now legal, what is not legal is discrimination against employees under the mandates. This opens another discussion regarding how leaders should be promoting vaccine mandates, how workers who feel uncomfortable receiving a shot should communicate with managers, and how violations should be treated. This is a new era for the pandemic and new ground for businesses; a global health crisis forces new ways of working, so executives must always be thinking of what issues could arise.
• Vaccine status will soon become a prerequisite in future job descriptions. Candidates now face a world in which “vaccination status” is listed alongside required skills for open positions. Hiring managers must be conscious of worker safety, and ensuring that new candidates are vaccinated goes a long way to maintaining a healthy workplace for all members of the workforce. Expect a sharp increase in descriptions that ask for vaccination status over the coming weeks as the business world adapts to another new element of this evolving world of work.
• There are more nuances to vaccine mandates that are still being developed…so businesses must be ready to tackle these complexities when they are finalized. The pandemic has been one fluid series of events, and the realm of vaccine mandates for the enterprise world should be no different. Leaders must harness the power of true business agility to adapt to the changes that vaccine mandates will bring and ensure that they continue to remain nimble in the face of continued evolving times.

One critical area to watch for in the coming weeks: while many see the mandates as a “hard” push by the government, the fact that employees have the option for weekly testing softens this stance incredibly. However, COVID testing isn’t perfect, especially in a Delta variant-led world. Vaccinations are forward-looking and are meant to stave off negative outcomes, while testing only captures a moment in time. If businesses experience outbreaks that cause major dips in productivity due to a testing failure (i.e., false negative tests, slow responses from labs, shortage of rapid testing supplies, etc.), it could be a crucial turning point in forcing executives to offer one and only one option as a condition of employment: vaccination.