Here’s how Biden’s COVID-19 vaccination mandate could affect Middle Georgia residents

President Joe Biden announced a COVID-19 mandate for millions of Americans in early September, the central pillar of his administration’s ongoing efforts to combat the virus that has infected 1.2 million Georgians and killed more than 21,000.

The announcement, which did not contain specific regulations or enforcement measures, was met with criticism from state Republicans who called it unconstitutional and promised to fight it in the courts.

Without specifics on the mandate, which will endure judicial scrutiny, it’s impossible to know with certainty what the plan’s impact on Middle Georgia will be, but here’s what we know right now:

Who does it impact?

All private-sector businesses with more than 100 employees need to require their employees to be fully vaccinated against COVID-19 or get a test at least once a week.

In addition to the private-sector businesses, Biden also expanded his earlier push to vaccinate the federal workforce, requiring all executive branch employees and most federal contractors to be vaccinated. As opposed to private businesses, these federal employees don’t have the option of refusing the vaccine and getting tested weekly instead.

Health care workers who treat Medicare and Medicaid patients are also required to get a vaccine under Biden’s executive order. In all, the plan is expected to affect more than 100 million workers.

In Middle Georgia, this would impact hospital systems like Atrium Health Navicent and Piedmont (both of which already announced their own vaccine requirements for employees), private companies like GEICO and Perdue Farms, and most likely private schools like Stratford and Tattnall.

What’s the next step?

The Occupational Safety and Health Administration (OSHA) oversees workplace safety, which means OSHA will is in charge of developing the mandate’s specifics.

OSHA can issue an emergency temporary standard (ETS) if the agency can show that workers are exposed to grave danger and that the mandate is necessary to address the danger and feasibly enforceable.

The rule would supersede existing state rules unless the state has OSHA-approved workplace agencies. Georgia is not one of those states and would fall under OSHA’s authority.

OSHA rules do not cover state and local government employees. The rule is expected to be challenged in court, but the legal basis for a state challenge is likely to be weakest in states under OSHA’s direct jurisdiction, including Georgia.

It is not clear when the ETS will be released, but it is expected to come in the next few weeks. It is unknown at this time how the rule will be enforced.

Employees will be able to file complaints to OSHA who believe the employers aren’t taking the proper steps to ensure employees are either vaccinated or tested weekly. OSHA may start an investigation and workplace inspection based on the merits of those complaints. OSHA can also fine employers up to $14,000 per violation of the ETS.

Why now?

Broader vaccine mandates are legally easier to enact since the FDA fully approved Pfizer’s COVID-19 vaccine.

Harry Heiman, a professor in the department of health policy and behavioral sciences at Georgia State, said it’s very clear the pandemic is fueled primarily by the unvaccinated

“The question then becomes what are the tools available to public health and political leaders to help turn the tide of this pandemic?” Heiman said. “The federal government is saying ‘Where can we step in, in ways that will meaningfully address this gap and increase the likelihood those who are unvaccinated will get vaccinated to protect them from hospitalization and death?’”

Heiman said vaccine mandates are a proven tool that date back over 100 years that are used today, including mandated vaccines for students and health care workers. He added vaccines typically aren’t mandated for the general public, but COVID-19 is a special case.

“This is a pandemic the likes of which we haven’t seen in over 100 years. And it is a pandemic that has already taken the lives of over 660,000,” Heiman said. “The goal is to increase vaccination rates because we know that unless we get more of the population vaccinated, we are never going to turn around this pandemic. It is going to continue to surge in waves and continue to generate new variants and we will be having this conversation again.”

What are Georgia politicians saying?

Both Gov. Brian Kemp and Attorney General Chris Carr said they oppose the mandate. Carr and 23 other attorneys general have voiced opposition to the mandate.

In a letter to Biden, the attorneys general argue that the plan is “unlikely to hold up in court and will simply drive further skepticism regarding vaccinations,” according to a news release from Carr’s office.

“In yet another example of blatant disregard for the rule of law, the Biden-Harris Administration’s command-and-control strategy is condescending and counterproductive, harmful to our state’s economy, and — most importantly — unconstitutional,” Carr said in a statement. “We will fight back against the Administration’s abuse of power and will protect the citizens and businesses in our state.”

Sen. Raphael Warnock tweeted that “Getting the shot is an act of compassion that protects you, your loved ones and will help get us back to the best parts of our lives,” and reacted positively to the mandate. He also offered support for the paid time off for workers to get their vaccines.

For the most part, support and opposition is based on party lines, a division Heiman hopes elected officials can put aside for the greater good.

“My hope would be that Gov. Kemp and other governors, particularly the Southern states who have been most resistant to mandates, would start spending more time looking at the evidence and the data,” the Georgia state professor said. “Looking at what they can do to ensure the safety of our communities instead of fighting political battles.”

This story was originally published September 24, 2021 at 5:00 AM.