CHARLOTTE, N.C. — North Carolina Labor Commissioner Josh Dobson is raising some concerns about a new federal COVID-19 vaccine mandate, including how it could impact the state's economy for the future.
According to the new emergency temporary standard (ETS) announced by the Occupational Safety and Health Administration (OSHA) on Thursday, Nov. 4, a deadline is in place to have employers with 100 or more employees to have their workers vaccinated by Jan. 4. Employees who don't meet the guideline will have to go through weekly testing for COVID-19 with their employer.
President Joe Biden issued the following statement below about the announcement early Thursday morning:
Vaccination requirements are good for the economy. They not only increase vaccination rates but they help send people back to work – as many as 5 million American workers. They make our economy more resilient in the face of COVID and keep our businesses open. Today, the Labor Department issued its rule requiring COVID-19 vaccinations for companies with 100 or more employees. If you work for one of these companies you will either need to get vaccinated or test at least weekly.
Dobson spoke with WCNC Charlotte on Wednesday and outlined some concerns about the new rule.
"I think it's a misguided policy from the Biden administration," Dobson said.
Dobson said he has been vaccinated, along with his family, and that he's encouraged his own employees to be vaccinated.
"That's not my concern with it," he explained about the new rule.
He said one concern is that, to him, it is "fundamentally wrong" to have someone that is dedicated to their job to be required to get vaccinated by the federal government.
Another concern he brought up is a workforce shortage in the state.
"We already face a workforce shortage in North Carolina," Dobson said. "This is only going to further exacerbate that workforce shortage. I have heard anecdotally and seen data that shows that individuals, when faced to be vaccinated or go home... they'll just go home. I don't think our economy can sustain that.
According to the state's department of labor website, since March 2020, our staff has been overwhelmed by nearly 5,000 COVID-19 complaints, and even more complaints recently related to the June ETS for Healthcare.
Dobson said the newest rule is a 490 pages and will cause even more strain on the agency.
"There was not one additional dollar of resources or funding for us to implement this," he said. "The federal government is asking us to have 110 of our compliance officers to enforce a vaccine mandate in over 6,000 businesses in North Carolina and it'll affect approximately 1.2 million workers across our state. It's just not well thought out, and misguided for sure."
Dobson also said from the way he read the rule, either the employee or employer will have to cover the cost of testing if an employee decides to not get vaccinated.
"Just to be clear, I don't have a lot of options," he added about the rule. "We're able to enforce our own OSHA standards, but we have to adhere to the guidelines of the federal government. If we choose not to enforce or adopt this emergency temporary standard, then the federal government can, and will, take our state-plan status. That means, Washington, D.C. would be in here regulating businesses and not the North Carolina Department of Labor."
Dobson said he has 15 days to respond to the rule and is talking with stakeholders across the state.
"I will have a proposal for the federal government," he said. "Whether they accept it or not, I'm not sure. I'm going to try and do what I can for all the citizens of North Carolina and certainly the employees."
The commissioner added the rule could possibly have a stay put on it within federal court.
"It's going to hurt North Carolinians," he added. "I'm going to do everything I can to make sure this burden put on employees and employers is alleviated in any fashion that I have the authority to do, which is not much."
North Carolina Department of Public Instruction Superintendent Catherine Truitt also issued the following statement about the vaccine rule. Public schools with more than 100 employees fall under the OSHA standard.
As a breast cancer survivor and an asthmatic, I would continue to encourage North Carolinians to get their vaccination to fight COVID-19. I’ve repeatedly shared that we need students in the classroom learning in a face-to-face environment and the best way to maintain this is through vaccination. However, the federal government’s decision to mandate vaccination is one of the clearest examples of government overreach and one of the purest attacks on personal choice. I’ve always maintained these decisions are best made by an individual, or parents, and in tandem with a trusted health care provider. North Carolina’s public school system is already facing severe hardship and staffing challenges as a result of the pandemic, and a mandate such as this only has the potential to exacerbate these concerns. In the coming days, our Department looks forward to working with the North Carolina Department of Labor and Commissioner Josh Dobson as he seeks to implement a plan that is right for North Carolina.
The Biden administration also announced another rule on Wednesday requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and Medicaid programs.
Facilities covered by the regulation must establish a policy ensuring all eligible staff have received the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment, or other services by December 5, 2021.