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4 steps to help employers navigate vaccine and testing mandates

vaccination

Few pandemic related workplace issues have proven more complex than vaccine mandates. But rising cases and growing concerns about new variants like Omicron have many business leaders realizing they may have to tackle the issue head on — and plan for potential pitfalls.

Vaccine mandates have gained momentum since the Delta variant emerged last summer, with many leaders seeing it as the best way to keep business on track and make employees and clients feel safer despite the continuing pandemic. In September, President Biden announced a federal mandate for all private companies with 100 or more employees to require vaccinations for on-site workers, and as of Dec. 27, all private companies in New York City must require vaccinations for employees under a new mandate issued by Mayor Bill de Blasio.

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It’s uncertain whether the federal mandate, which is facing numerous court challenges, will go into effect on Jan. 4 as planned. But with the pandemic nearing the two-year mark and cases rising in the U.S. and other parts of the world, it’s likely that more states and jurisdictions will instruct private companies to require vaccinations.

Business leaders should use this time to define their policies, prepare their workforce, and plan for the stumbling blocks likely to crop up.

Challenges ahead
Based on the experience of some of the groups that have already enacted vaccine mandates, including federal workers and contractors, large tech and financial services companies, universities, and healthcare organizations, business leaders should expect certain challenges.

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Chief among them is the potential that some employees will quit, either because employers suspend or lay off workers who won’t follow the rules or because they choose to quit rather than comply. This would exacerbate a labor shortage at a time when there’s already 10.4 million open positions.

But there are also other unintended consequences that may stem from the mandate, including some that business leaders may not have on their radar. For example, given that COVID-19 vaccination rates are lagging among Black and Hispanic people, in part due to vaccine hesitancy, there may be a higher percentage of those workers who don’t feel comfortable complying with the mandate. If they choose to seek work elsewhere, how will that impact your public commitments to increasing economic opportunities and improving representation goals for diverse populations in your community?

Another factor to consider is the mandate raises the risk of creating a two-tier workforce, made up of those who are vaccinated and those who aren’t. How can leaders ensure all employees are granted the same opportunities? How can they help their employees be inclusive of one another, regardless of vaccine status?

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This point is particularly important for businesses with employees in multiple states, as the percentage of vaccinated adults varies considerably in different parts of the country and can exacerbate the risk of a two-tier workforce. While 71% of adults are fully vaccinated in much of the Northeast, for example, fewer than half are fully vaccinated in many Southern states, Wyoming and Idaho.

There are no easy answers, but there is time to thoughtfully consider the ramifications and implications for your workforce. Taking the following actions can help.

Map out various scenarios: Since there’s no way to predict exactly how your workforce will respond to the mandate, it may help to model various scenarios and make contingency plans. Wherever possible, use data as your guide. If you haven’t done so already, ask your employees to voluntarily and confidentially disclose their vaccination status so you can gauge the percentage of your workforce that will be affected by the rule. Then, map those unvaccinated employees to their current roles to identify areas of the business that may be more affected than others. Have a backup plan for those areas if a significant percentage of those employees choose not to comply.

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Get ready to ramp up hiring: If you expect to lose a percentage of your workforce, consider whether you need to backfill roles now. Make sure your job architecture is up to date and your talent recruiters are ready to move quickly if needed. Plan for how you’ll cover shifts or keep work moving without overburdening the rest of your staff. Consider, too, whether some on-site roles could be moved temporarily or permanently to remote work so employees who don’t want to comply have an option other than to quit. Another option is to consider how you entice retirees or caregivers who left their jobs during the pandemic to come work for you, perhaps by offering job-sharing options, increased flexibility, part-time or temporary options in addition to full-time roles.

Be crystal clear on your policies: The OSHA rule offers guidance for employers on a range of questions, but many policies will still need to be defined by employers. What method will you use to verify an employee’s vaccination status? What will be your firm’s policies for addressing employees who do not comply? Who will pay for weekly testing for employees who choose not to be vaccinated? How will those test results be verified? What exemptions will you allow? How will this information be communicated to your employees, customers and other stakeholders? To avoid confusion, try to communicate frequently and clearly with employees, on as many channels as you have available. Utilize email, an employee or company portal, in company-wide town halls, and even notices put up around the office. Make sure there are designated individuals or teams prepared to answer questions as needed.

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Focus on trust: Trust between employees and their employers is strong right now. This gives leaders an opportunity to help bridge divisions in their workforce between the vaccinated and the unvaccinated. If there’s tension among employees about vaccines, help enable open conversations through forums and roundtable discussions. Provide guidance for employees on how to bridge the divide, such as asking them to avoid making assumptions about their colleague’s vaccination status based on where they’re working.

Build trust in other ways, too. For example, instead of firing employees who don’t want to comply, help them reskill for remote work. And if employees are hesitant to get the vaccine and remote work opportunities aren’t an option, consider inviting local medical professionals before the mandate goes into effect to your workplace to engage in discussion.

Many business and government leaders see vaccine mandates as key to helping the nation and the economy move forward even as the virus continues. Careful consideration of how this could affect your workforce can minimize disruptions and keep your business moving.

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