‘Uncertainty’ flourishes among North Bay business as June 15 California reopening nears
June 15 may be the date the Gov. Gavin Newsom has said many coronavirus-related restrictions on the state economy would be loosened, but how businesses must deal with customers and workers as the pandemic fades is still a mystery, one with conflicting federal, state and county policies, as well as stringent requirements and recommendations.
Phase 2 of California’s reopening plan, called Beyond the Blueprint for a Safer Economy, brings new rules designed to relax restrictive policies as counties move away from the four-color tier system in place since late August. On this date, capacity and distancing restrictions will be lifted for most businesses and activities. Large-scale indoor events will have vaccination or negative test requirements for attendees through at least Oct. 1, and there is industry guidance designed to help businesses reduce risk.
This phase comes with industry-specific guidelines that must be followed. Businesses also must prepare site-specific protection plans and conduct a risk assessment for each business practice, using approved business-specific protocols as a guide for performing the assessment.
On top of the state guidelines, U.S. Equal Employment Opportunity Commission recently said businesses can require vaccines for only employees coming back to the worksite, but not those working out of the office, as reported in the New York Times. At the same time, the Times said opposing views may come from state laws.
However, the Times reported observed clarifications are still needed for things like making accommodations in compliance with the Americans with Disabilities Act for workers who cannot receive the vaccine for medical or religious reasons — and also because access to vaccine is not equitably distributed.
According to the New York Post, the EEOC said employers can offer workers incentives to be vaccinated, but they cannot be so substantial as to be coercive, under provisions of the Health Insurance Portability and Accountability Act. Examples of incentives may include offering a 30% discount of the total medical plan coverage cost, paid time off to get vaccinated or extra time off if vaccinated.
Employers also must provide reasonable accommodations for employees who refuse the shots due to a disability or pregnancy — which could mean a requirement for unvaccinated employees to wear masks or to work remotely.
MarketWatch reported that workers across the U.S. have gone to court to block inoculation requirements by employers, and many of these claims refer to a federal statute stating vaccines issued on an emergency basis can only be given voluntarily.
Here are a few of the unanswered questions being asked by local business leaders:
- Will different rules apply for vaccinated versus unvaccinated workers at the job site, and/or for on-site versus employees working from home?
- Will such bifurcated policies create two classes of workers posing a potential threat of unequal job discrimination?
- How many COVID-19 business tracking and reporting mandates will there be in phase 2?
- Will unvaccinated workers be separated from those vaccinated in the workplace (different break rooms, restrooms and office areas, etc.) and have to continue to wear masks and stay 6 feet apart?
- Will waivers be granted for businesses to protect them against disparity lawsuits?
Despite the unprecedented rollout of multiple COVID-19 vaccines, a survey by the Policy Institute of California in April showed that only 4 in 10 adults in the state said they already had the vaccine, 26% said they would get it as soon as it is available, 15% said they would get it in a few weeks, 6% in a few months and 9% after it is available. Some 7% said they would wait a year or more after it is available and 12% would not get the vaccine. Some people still needed convincing.
As of June 6, 53.1% of California’s population has been vaccinated against COVID-19, 12.0% have been partially vaccinated. In the North Bay counties, the proportions of the vaccinated are much higher.
A survey by Arizona State University in April found that 88% of employers said they planned to encourage their workers to get vaccinated — and 60% said they intended to demand proof.