The OSHA website page dedicated to the COVID Vaccine Emergency Temporary Standard (ETS) reads: “While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

Last week, the U.S. Court of Appeals for the Fifth Circuit fully blocked Biden’s executive order requiring companies with over 100 workers to mandate vaccination for their employees after temporarily staying it on November 12. The court ordered that OSHA “take no steps to implement or enforce” the vaccine mandate “until further court order.”

By its mandate, the Biden administration is claiming that the federal government, through congressional legislation, has regulatory power to issue a medical mandate for the sake of public health and therefore general welfare. However, since the directive was announced, many legal scholars have challenged its constitutionality, given that the legislation it relies on for authority explicitly states that an ETS can only be issued when employees are exposed to a “grave danger” that necessitates immediate action. That case is becoming increasingly difficult to argue, given the fact that some vaccinated individuals can transmit the disease and that treatment options for COVID infections are expanding. As of Tuesday, the Biden administration is planning to purchase 10 million doses of Pfizer’s antiviral medication to treat patients with COVID.

Some lawmakers and pundits have speculated that Biden’s strategy with the vaccine mandate recognized that the order would likely be indefensible in court but hoped that its chilling effect would pressure employers to comply in advance of any litigation.

The survey also found that 27 percent of employers are unsure, while just 22 percent say they have firmly decided not to institute a mandate, according to the survey of 1,630 in-house lawyers, C-suite executives and human resources professionals.

As of early August, 21 percent of respondents reported they are currently mandating vaccines or planning to in some form.

The latest data is a stark contrast to earlier sentiments: In January, fewer than 1 percent of employers were mandating vaccinations and just 9 percent were planning to in some form, according to the law firm.

Experts say the U.S. Food and Drug Administration’s approval on Monday of the Pfizer-BioNTech COVID-19 vaccine could prompt more employer mandates.

Source: Business Insurance

While the EEOC allows employers to mandate vaccines, it might not be the right choice for every workplace. Almost a third of the population today says it wants to wait and see how the vaccine works. Mandating now may generate opposition.

If you prefer to wait to mandate, consider these behavioral economics tips from Willis Towers Watson to create buy-in among employees.

Emphasize stories over statistics.

We have become numb to numbers. Employers should offer a platform for employees willing to share their story of loss or becoming seriously ill from the virus. This has the power to help employees heal emotionally and encourage others to act. People are more likely to believe they can get sick or infect others when they hear it happened to someone they know.

Stress the new normal may require shots.

Beyond the benefit of reducing the risk and severity of illness, employers should also communicate to employees that vaccines are likely to be required for domestic or international travel or even to attend concerts or sporting events.

Focus on immediate benefits.

People place far more value on what they can attain immediately. The promise that a vaccine can lead to the end of pandemic restrictions months from now is not enough. Communicate more immediate benefits such as reducing risk during a trip to the grocery store or barber. Emphasize, however, that even the vaccinated should continue to wear masks and stay distant.

Seek commitment.

There’s a reason political campaigns ask voters to sign cards committing to supporting a candidate. Once we have publicly stated our position, we are more receptive to confirmation bias, meaning we seek out information that confirms our point of view and overlook information that doesn’t. Employers should encourage their employees to sign up for vaccinations as soon as they are eligible.

Make it easy.

Appointments should be simple to book by phone or online and should be offered at as many locations as possible, including employer sites when increased supplies of vaccines make that possible. In the United States, employers can cover fees for administering the vaccines through both medical and pharmacy benefits.

Avoid overwhelming employees.

When we are presented with too much information or too many choices, we often freeze and make no choice. The torrent of information about COVID-19 might paralyze employees and decrease vaccination rates. Employers should provide easily understood information about why, how, and where they can get vaccinated. If vaccination will be a choice, make it easy.

Use social networks.

We like to do what our friends and neighbors are doing. This makes social networking a powerful tool. And, the workplace remains one of their most important social networks.
Just as many influencers show videos of themselves receiving the vaccine, employers can put stickers on ID badges and vaccine sites can distribute easily visible buttons to those who are vaccinated.

Protect employees from loss.

Getting the vaccine should not cost recipients out-of-pocket expenses or lost wages. Some employers are offering the equivalent of two to four hours of pay for workers to get vaccinated during their shifts.

Jessica H. Jones is a lead associate at Willis Towers Watson. Dr. Jeff Levin-Scherz is a population health leader of the North American Health and Benefits practice. Julie Noblick is a senior associate.

Source: Harvard Business Review