To enforce the vaccine mandate, the government will rely on employees who will presumably be concerned enough to turn in their co-workers if they are unvaccinated or fail to undergo weekly tests to show they’re virus-free.
WASHINGTON — To enforce President Joe Biden’s forthcoming COVID-19 mandate, the U.S. Labor Department is going to need a lot of help. Its Occupational Safety and Health Administration doesn’t have nearly enough workplace safety inspectors to do the job.
“There is no army of OSHA inspectors that is going to be knocking on employers door or even calling them," said Debbie Berkowitz, a former OSHA chief of staff who is a fellow at Georgetown University’s Kalmanovitz Initiative for Labor and the Working Poor. "They’re going to rely on workers and their union representatives to file complaints where the company is totally flouting the law.’’
The mandate has run into furious opposition, though, from leaders of mainly Republican-led states who have condemned the plan as an unlawful case of federal overreach and who immediately challenged the vaccine-or-test requirements in court. On Saturday, the Biden administration endured a setback when a federal appeals court in New Orleans temporarily halted the mandate, saying it posed “grave statutory and constitutional issues.
For a task as enormous as enforcing the new vaccine mandate, OSHA and its state “partners’’ are stretched thin. Just 1,850 inspectors will oversee 130 million workers at 8 million job sites. So the agencies must rely on whistleblowers. State worker compensation programs — which reimburse injured workers for medical costs and lost wages and provide death benefits to survivors of those killed — include no-fault provisions that block most lawsuits.“Technically," Berkowitz said, "the law says that companies can’t retaliate against a worker for waging a health and safety issue or filing an OSHA complaint or even reporting an injury. But retaliation is rampant.