COVID-Related Challenges We’re Facing Today

The COVID-19 pandemic has changed the way we do business—and no one’s really sure whether these changes are permanent or temporary. Demands on businesses, from the C-suite to HR, seem to morph into something new each week, with government guidance and mandates also in flux.

Increased vaccination rates have helped speed up the reopening in many areas—though many multi-state employers are scrambling to figure out what rules apply in which jurisdictions. Through it all, business are constantly evaluating health and safety protocols and trying to keep up with everchanging metrics and recommendations from health authorities.

Here’s a quick look at some of the latest challenges that employers are dealing with, as well as proposed actions that may impact how you do business going forward.

Vaccine Mandates

Approximately 175 million Americans have been fully vaccinated against COVID-19, allowing the robust reopening of the economy in many areas. However, with almost 70 million people still eligible for vaccination, the recovery isn’t as aggressive as it could be.

In response to this, President Joe Biden announced in September 2021 the plan to require private employers to get their employees vaccinated or to undergo weekly testing for COVID-19. This requirement applies to businesses with 100 or more employees. While no final date has been set for the vaccine mandate to go into effect, the review process is underway, and implementation is expected to begin in late October or early November.

Employers with more than 100 employees must give those employees time off to get vaccinated as well as any recovery time needed. Employers with fewer than 100 workers are encouraged to institute their own company-wide vaccination and testing requirements, but are not required to comply with the federal mandate. Individual employers may require vaccination even if it’s not required by government mandate, and many enterprise-sized companies have already done so.

In addition, the vaccine/testing mandate applies to all federal employees and all contractors who work with the federal government. This includes health care businesses that receive reimbursements from Medicare and Medicaid, including hospitals, dialysis facilities, nursing homes, outpatient surgical facilities, and home health agencies. In California, all teachers in K-12 schools must be vaccinated or meet regular testing requirements, as well as must workers in correctional facilities and homeless shelters. All California state employees are also subject to vaccination requirements at the state level.

Expanded Testing Requirements

Of course, some people cannot be vaccinated against COVID-19 for medical reasons, while others hold religious beliefs that object to all vaccinations. Exceptions exist for these people where vaccination is concerned, but they must still meet testing requirements to ensure that they’re not bringing COVID-19 into the workplace.

Free rapid COVID-19 testing is being made available through a variety of venues, with at-home tests available over the counter. In addition, the federal government is distributing tests to health care facilities of all types, as well as to community health centers, food banks, and other community testing sites.

If you have employees who must be tested rather than vaccinated, you can let them know about the availability of free testing options or provide at-home tests at your own place of business to meet this requirement. In California, employers are required to supply unvaccinated employees with N95 respirators if those employees ask for that protection; small businesses may be eligible to get those respirators from the state for free.

Requiring Proof of Vaccination

Many employers feel nervous about asking employees (and, in some cases, customers) for proof of vaccination, worried that they might be violating HIPAA rules in some way. However, it is perfectly legal, per the California Department of Public Health, to request proof of vaccination. Employers must keep their verification process private and protect everyone involved from discrimination.

In addition, some employment venues may require proof of vaccination or the results of a recent negative COVID-19 test. The White House has asked large entertainment venues, including concert halls and sports arenas, to require vaccinations, and many have complied with that request.

Local jurisdictions may also implement stricter requirements regarding proof of vaccination. For example, Los Angeles County plans to require proof of vaccination to enter any restaurant, bar, beauty salon, or gym. Los Angeles is already requiring proof of vaccination for bars and lounges, and the other venues will start asking for vaccination cards November 4, 2021. While no Orange County cities have followed suit yet, that could change at any time. Of course, in all cases, test results from a recent negative COVID test are also acceptable.

Mask Mandates

The White House mandated mask-wearing on public transportation and in airports earlier this year, and the Transportation Safety Administration (TSA) recently extended that mandate to January 18, 2022. In addition, masks are required in all federal buildings and on military bases and other federal lands.

In California, all unvaccinated employees must wear masks indoors, though no mask-wearing is required outdoors. Because employers have the right to ask employees about their vaccination status, they are in a position to determine which employees must be masked. Employers may, of course, mandate mask-wearing for all employees if they choose to do so. If at any time an outbreak of COVID-19 is declared, indoor mask-wearing may become mandatory across the state.

Orange County, which is following the mask requirements laid out by the California Department of Public Health, has imposed some additional mask mandates. Masks must be worn on all public transportation and in all K-12 schools and child care venues. Of course, individual employers may impose stricter masking requirements; Disneyland, for example, is requiring masks in all indoor environments.

How Employers Can Meet These Challenges

It can be challenging to walk the path between keeping employees and customers safe and returning to what everyone remembers as “normal life.” Employers can help smooth any potential difficulties by providing clear information about their requirements regarding COVID-19 vaccination, proof of vaccination, testing, and masking.

In many cases, some customers and employees alike may feel safer when they know that an employer is looking out for their health. As the COVID-19 situation continues to change (recently, thankfully, with infection numbers headed downward), requirements and rules may change. Employers who focus on their employees’ health and safety will always be able to rest in the confidence that they’ve done the right thing.

Whatever COVID-related challenges we all face in 2021, Marquee Staffing is here to stand with you and help you face them. Contact us today to see how we can help you plan for the future and deal with the uncertainties of today.