Businesses weigh pros and cons of enforcing the federal COVID vaccine requirement

Many businesses that are already struggling to stay afloat face yet another tough decision.

The Biden administration has announced that businesses must either enforce the vaccine mandate or ensure their workers are tested weekly for COVID-19.

However, if a business does not comply, it could be charged almost $14,000 per violation.

The owner of Crowther Roofing in Fort Myers said fines like that are not anything to be played with. So, despite his concerns, his business will comply with the orders.

The ultimatum offered to Lee Crowther and his 700 employees is to get a shot in the arm or get tested for COVID-19 every single week. He’s worried this policy will add to the worker shortage he’s already experiencing.

“I can’t get enough people to come in and fill out an application to go to work right now before this comes into play. If I start losing workers over this, combined with the material supply chain shortage this country is going through right now, it’s going to be devastating,” Crowther said.

Crowther says nearly a $14K fine per violation would also be highly devastating for him. He does not doubt that OSHA will enforce this mandate.

Lee Crowther is the CEO of Crowther Roofing and Sheet Metal. “They’re on our job sites constantly, so we know that they have enough workers on their federal pay program that they can go out and they can provide oversight to us, and they can monitor, and they can see what you’re doing. Anybody that doesn’t take this seriously, I think, is making a grave mistake,” Crowther said.

Benjamin Yormak is an employment lawyer, and he believes OSHA will take compliance lightly at first to encourage employers to participate. But, he also thinks this law gives the vaccine mandate teeth and gives OSHA the power to audit employers.

“OSHA has the authority to regulate safety within the American workplace. By keeping it to 100 or more employees, it is allowing a greater chance that this would survive judicial scrutiny based upon the commerce clause and that the federal government has the authority to regulate interstate commerce,” Yormak said.

Crowther does still have some questions. However, he says the company will take this mandate seriously. “We are taking this very seriously. OSHA is the federal government, and if the federal government tells you to do something, you have to do it,” said Crowther.

WINK News spoke with a few other business owners who told us that they do not know what the nearly 500-page mandate means for them. Unvaccinated employees have to get weekly tests and are also required to wear masks indoors and inside vehicles with other people. Businesses have until December 5th to enforce the mask requirement. They have until January 4th to be fully compliant.