Kentucky employers trying to navigate confusing COVID-19 vaccine mandate

LOUISVILLE, Ky. (WDRB) -- Despite the whiplash many employers are feeling regarding President Joe Biden's private business COVID-19 vaccine mandate, many are preparing in spite of ongoing court challenges.

First announced in November, the mandate would affect all private businesses that employ more than 100 people. It would cover about 84 million Americans.

Last week, a federal appeals court panel ruled the mandate could move forward, overturning a lower court's ruling. As of now, the mandate is set to go into full effect with penalties for employers who don't follow the rules in early February.

"Each employer would have to work through what makes sense for their workforce, what makes the most sense for their business," said Charles Aull, a policy analyst with the Kentucky Chamber of Commerce. "Even without the court challenges, the OSHA (mandate) in itself was already a difficult item for employers to navigate."

Both the Kentucky Chamber of Commerce opposes the mandate and believe the decision should be left up to employers. GLI says it does not oppose vaccinations but that any mandates should create as little burden as possible on employers.

"Businesses ultimately know what's best for their operations and employees," said Shelby Williams Somervell, vice president of government affairs of GLI.

Twenty-seven states have sued to try and stop the mandate from moving forward. Kentucky Attorney General Daniel Cameron and Indiana Attorney General Todd Rokita have filed lawsuits challenging the rule.

U.S. Supreme Court Justice Brett Kavanaugh will initially review the case to determine whether it should be referred the full court. But business associations are already telling employers they need to prepare.

"We're urging businesses to begin taking steps to get into compliance," Williams Somervell said. "However, we do realize there are legal challenges and more than a dozen emergency appeals."

The mandate will allow for a testing component for those employees who choose not to be vaccinated against COVID-19. Employees will be subject to weekly testing for the virus and be required to wear a mask at all times in the workplace.

OSHA estimates the mandate could save as many as 6,500 lives and prevent 250,000 hospitalizations.