Get the Shots

 Get Vaccinated

It Will Save Lives

 

Mixed in with the fervent anti-mask rhetoric so prevalent in our fair county amidst the skyrocketing number of those who test positive for COVID-19 and the staggering number of those being hospitalized with the disease lurks another COVID public health disaster. 

 

COVID vaccines have been developed, studied by the experts for both effectiveness and safety, and will soon be approved for use and generally available. According to those who have studied such things, we will need to see a 75% vaccination rate in the general public with a vaccine that is at least 70-85% effective, if we are to see a return to pre-COVID normalcy. 

 

A recent poll shows that only 50% of Americans are willing to get vaccinated, once vaccines become available. This shows significant resistance to acceptance of the COVID vaccines and widespread rejection of the notion that vaccination will help. If the polling is correct, then 25% of the population will have to be “forced” to get the shots if we are to get back to some degree of normalcy. 

 

This resistance is a direct consequence of “decades-long attacks on science by Republicans at all levels of government,” according to State Senator Chris Larson. Larson continues, “once Dr. Fauci and Wisconsin’s DHS signs off on a vaccine, I would urge all of you to take it. The thing about science is it’s true whether you believe in it or not.” Gov. Tony Evers and many other national and state officials have joined together to say they too will get the vaccine when it is their turn. 

 

The government will make the vaccines available as quickly as they are approved and can be manufactured. As with masks, social distancing, hand washing and other virus mitigation measures, the government will not be able to force people to get vaccinated, as good an idea as that may be. Governments can constitutionally require vaccination, but “forcing” vaccination is something else.

 

We will see public education campaigns about the benefits and safety of getting vaccinated and hear testimonials from those who got the shot with only mild side effects. All of that will fall on deaf ears on the heads of those who think they know better than the expert scientists.

 

Maybe, the next level of authority will have a greater impact on increasing the vaccination rate. Employers, many of whom have been complaining about not being able to keep their workforces intact due to COVID illness or exposure, can take the step of requiring proof of vaccination as a condition of new or continued employment.

 

If saving the economy is truly what people want, mandatory employee vaccination may be the key.

 

Many employers are already planning what to do when the vaccines become generally available in 2021. There is no present law, regulation or government guidance that directly addresses the issue. That being said, the notion of mandatory vaccination requirements is not new.

 

One example is found in the requirement for healthcare workers to receive certain vaccinations before they are hired. Both the US Occupational Safety and Health Administration and the Equal Employment Opportunity Commission have set out mandatory flu vaccination policies in the past. Both agencies approved mandatory flu shots as a permitted employer mandate during the H1N1 epidemic in 2009. The only caveats are that employers have to give consideration to employee requests for exemption based upon disability or religious beliefs. Even when these objections are raised, employers can deny them if the failure to vaccinate would cause undue hardship.

 

The religious exemption argument has gained some popularity after the Supreme Court decision in the Hobby Lobby contraception case. More on point is a case out of the Third Circuit Court of Appeals, Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania, where the Court upheld Fallon’s termination for refusing to get a flu shot. Fallon’s religious claim was that the shot “would do more harm than good.” The Court rejected Fallon’s claim noting his reason was not a sincerely held religious belief. There are cases on both sides of the religious exemption issue so employers will need to be prepared for legal challenges to terminations or hiring refusals where they are involved. 

 

Public schools, technical colleges and universities can also have an impact on the vaccination rate by requiring COVID vaccination of both students and faculty as a pre-condition to participation in in-person learning. One of the benefits of the development of remote learning technologies is that they limit the ability of students or staff to refuse to get the shots. We already have mandatory vaccination rules in schools for a host of other diseases, so adding the COVID vaccines to the list should not be difficult. If you want schools to reopen, get the shots.

 

We are all in this together and my getting the two shots will help keep you healthy. The same is true for you. Roll up your sleeve when your turn comes.