Have vaccination requirements still necessary for retailers amidst the arrival of the Omicron variant in the United States?
As the omicron variant of COVID-19 grabbed headlines over the busy holiday shopping season, President Joe Biden pushed new travel restrictions from eight countries and pleaded with citizens to get their shots. A week later, as the new strain surfaced in the U.S., he unveiled a multi-tiered strategy to rein in the pandemic.
This strategy includes, among other measures, promoting vaccinations for both adults and kids, researching pediatric vaccines, ramping up testing, developing school and business safety guidelines, exploring new vaccines if omicron proves resistant, and urging companies to maintain vaccinated workforces.
Notably absent was Biden's attempt to force businesses with over 100 employees to verify vaccination status or test them weekly if unvaccinated - a move that was blocked in recent courts following litigation from the National Retail Federation and other groups.
With nearly 60% of the U.S. population fully vaccinated, transmission rates remain high. Case numbers were already escalating before the news of another mutation. Omicron, detected in 30 states by Sunday, is a variant believed to carry an increased risk of reinfection and may have a growth advantage, according to the World Health Organization.
On Friday, a group of scientists reported in the New York Times that omicron appeared to be spreading over twice as quickly as the delta variant in South Africa; they weren't sure whether it was more contagious or better at bypassing immunity, although they did say previous infections didn't seem to offer protection.
It's uncertain whether vaccines will provide the same level of protection against omicron as they do against delta, which is currently the main variant in the U.S., according to the CDC. Dr. Anthony Fauci, NIAID director and Biden's chief medical advisor, called the new strain a concern but not cause for panic. He advised getting vaccines and boosters because they raise defense levels against any variant.
The call for continued immunization follows a plateau in the U.S. vaccination rate; a goal the Biden administration had sought to address with the mandate, issued by the Occupational Safety and Health Administration. The NRF might have won a legal victory when the Fifth Circuit Court of Appeals paused the measure. However, constraining the government's vaccination efforts could have long-term consequences for public health, the economy, and retail in 2022 and beyond, experts say. Not all industry groups participated in the NRF's lawsuit; the American Apparel and Footwear Association and Retail Industry Leaders Association chose not to join. The case is currently at the Sixth Circuit and may progress to the Supreme Court.
Other federal courts have also temporarily halted the measure. Several states and cities have issued their own vaccine mandates; others have imposed limits on mandates. New York City, with confirmed omicron cases, extended its mandate on Monday to apply to all private companies regardless of size, according to multiple reports.
The delta variant, which intensified the pandemic during the summer, could breed further variants like omicron, according to Anthony Santella, a public health professor at the University of New Haven.
From the retailers' standpoint, they're essentially shooting themselves in the foot, Santella said. "The more we continue to engage in these COVID discussions, the more our lives will be disrupted by the pandemic. So the best thing we can all do is do what's right, get vaccinated, encourage those who are eligible to get vaccinated, and move on from this once and for all."
In a court of law, the NRF appears to be on solid ground.
OSHA's vaccine requirement, developed under an "Emergency Temporary Standard," allows for swifter implementation due to a shorter comment period. Employers must provide paid leave for vaccination or masking of unvaccinated staff from Dec. 5; after Jan. 4, regular testing of unvaccinated workers will be required, according to the White House's fact sheet. The regulations are currently on hold during the legal process, but the comment period remains open.
Under the NRF's arguments, anyone working for a company with fewer than 100 employees should also be protected during an emergency, according to NRF vice president Edwin Egee. When asked about the NRF's support for the mandate if it were extended to all businesses, Egee declined to answer, stating a preference for Congress to address the issue instead. Republicans in Congress have so far thwarted such proposals.
Some public health experts say that policies are often developed with a size cutoff to balance the burden on small businesses and public good. Using the emergency standard, OSHA is protecting against "grave danger," which arguably covers any business size, according to Jonathan Hyman, a labor and employment attorney. However, even though the mandate could be overturned in court, it doesn't mean it should be, Hyman added. "There's a lot of arguments against the rule as it's been written. I have concerns that the Sixth Circuit now will strike this thing down. I also believe it's what we need to do to get through the pandemic. The only way through this is getting as many people vaccinated as possible. It's the only way we're going to stop this thing from mutating into a variant that might evade the immunity that those of us who've been vaccinated now have and put us right back at square one."
Other arguments put forth by the NRF are seen as having less merit by legal and public health experts, including the notion that COVID-19 isn't a workplace issue and that OSHA isn't a public health agency. Egee maintains that health advisers consulted by the NRF have stated that the pandemic threat isn't specifically tied to the workplace. "The threat of COVID-19 is not specific to the workplace."
The legal challenges to the mandate mean that its federal implementation is delayed, if not derailed. Other federal courts have also recently issued temporary injunctions against the measure.
Several states and municipalities have implemented their own vaccine requirements; others have imposed limits. New York City, with identified omicron cases, extended its mandate on Monday to cover all private companies, regardless of size, according to multiple reports.
Meanwhile, the delta variant could yield further variants like omicron, according to Anthony Santella, a public health professor at the University of New Haven.
- As the omicron variant spread, President Biden pushed travel restrictions and encouraged vaccinations, highlighting the intersection of politics and health-and-wellness.
- The new strain surfaced in the U.S., prompting a call for vaccine research to address potential resistance.
- The business industry, represented by the National Retail Federation, opposed Biden's efforts to mandate vaccinations or testing, citing labor concerns.
- Economists and experts warn that constraining government's vaccination efforts could have long-term consequences for public health, the economy, and various industries, including retail finance.
- Omicron, more contagious and potentially resistant, has promoted concerns within the science and medicine community.
- AI and other tech sectors, while not directly mentioned, might witness changes in work-from-home policies due to the pandemic and its variants.
- Travel restrictions and the potential refunding of travel tickets could lead to disputes in law courts, with ongoing litigation from the travel industry.
- Environment policies might be impacted as well, with increased travel restrictions prompting decreased carbon emissions, but potentially leading to economic impacts on the travel industry and related sectors.
- Businesses are urged to maintain vaccinated workforces, with the aim of keeping the economy healthy and reducing labor disruptions.
- The battle over vaccine mandates is ongoing, with federal and local courts issuing temporary holds, demonstrating the complexities and intricacies of government law-making processes.
- Omicron's emergence and potential resilience to current vaccines have sparked calls for the development of new vaccines in the science industry.
- In the midst of these challenges, public health experts stress the importance of immunization to protect against any variants and speed up the recovery of the economy, environment, and all industries.
