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FMI, NGA question timing of OSHA COVID-19 vaccine mandate

UFCW calls new employer requirement ‘important first step’

Russell Redman

November 5, 2021

6 Min Read
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OSHA issued an emergency temporary standard requiring companies with 100 or more employees to “develop, implement and enforce” a mandatory COVID-19 vaccination policy by Jan. 4.Walmart

Citing the impending holiday rush and labor and supply-chain pressures, FMI-The Food Industry Association (FMI) and the National Grocers Association (NGA) called the Biden administration’s new COVID-19 vaccine mandate for private employers ill-timed.

The United Food and Commercial Workers (UFCW) union, meanwhile, described the expanded federal COVID vaccination requirement as “an important first step” in protecting grocery, food, retail and other industry workers but noted that employees must have a say in how the policies are implemented in the workplace.

On Thursday, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) requiring companies with 100 or more employees  to “develop, implement and enforce” a mandatory COVID-19 vaccination policy by Jan. 4. Under the measure, employers can give workers the option to get vaccinated or undergo weekly COVID testing and wear a face mask. The ETS goes into effect as of Nov. 5 and calls for employees’ vaccination status to be provided in 30 days.

The new rule will affect an estimated 84 million-plus workers, OSHA reported. The agency is accepting public comment on the policy until Dec. 6.

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"We are very concerned with the impact on the food supply chain posed by the ETS." — Jennifer Hatcher, FMI-The Food Industry Association

Related:Here’s what retailers should know about employee vaccine mandates

 

“At a time when our economy is facing a constrained labor supply, supply chain disruptions and high consumer demand, we are very concerned with the impact on the food supply chain posed by the ETS, particularly for workers in no-contact or low-contact positions,” Jennifer Hatcher, chief public policy officer and senior vice president of government and public affairs at FMI, said in a statement.

“As written, the ETS does not balance key issues like a lack of testing availability for employers and the likelihood of significant workforce attrition due to the mandate, particularly among truck drivers,” she explained. “FMI believes the ETS will exacerbate an already existing shortage of transport and supply chain capacity, further slowing delivery times and driving up costs for consumers, retailers and manufacturers — especially given the 30-day window to comply with the majority of the mandate’s requirements as we approach the busy holiday season.”

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"Trying to implement this mandate during the busy holiday season places even more pressure on retailers and wholesalers," Greg Ferrara, NGA

 

NGA President and CEO Greg Ferrara noted the importance of immunizing employees against COVID but questioned OSHA’s timing in effecting the new mandate.

Related:24 Republican state attorneys general threaten to sue President Biden over vaccine mandate

“NGA and its members have supported COVID-19 vaccines and have been proud of their role to vaccinate their workforces as well as the communities in which they serve. We are concerned that this new mandate will add more stress onto the food industry at a time when there are acute worker shortages and significant supply chain challenges,” he commented. “Additionally, trying to implement this mandate during the busy holiday season places even more pressure on retailers and wholesalers.”

OSHA also is giving employers limited latitude in enforcing the new COVID vaccination/testing policy, according to Ferrara.

“NGA had called on the administration to provide greater flexibility for essential infrastructure industries like the food sector, since grocers play such a crucial role in feeding the country,” he stated. “While we appreciate the administration’s inclusion of some of our recommendations, we are concerned that the rule’s rigid compliance requirements that go into effect during one of our industry’s busiest seasons will be a burden to many community grocers.”

FMI’s Hatcher called for more details on employer enforcement of the rule and expressed concern about restrictions on worker exemptions.

“While we are encouraged that OSHA allows for enforcement discretion in the event of testing unavailability if employers can demonstrate good faith efforts to comply with the ETS, additional clarity is needed on what specifically the agency considers good faith,” she explained. “FMI is also disappointed that exemptions for low-contact- or no-contact workers that are vital to our food supply chain and are not a threat to public health were not allowed by the ETS, such as truckers and workers in food manufacturing, warehousing and distribution facilities with limited public interaction.”

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"UFCW will engage the administration and our employers to ensure that essential workers have a strong voice in how this policy is implemented." — Marc Perrone, UFCW International

 

UFCW International applauded OSHA’s ETS proposal, noting that COVID-19 remains a threat to frontline workers in the food sector. To date among its membership, UFCW has tallied 497 deaths from the virus and 104,836 infections or exposures since the start of the pandemic last year, including 205 grocery worker deaths and at least 43,900 grocery worker infections or exposures. Overall, the union has 1.3 million members, spanning grocery, food processing, meatpacking, retail, health care and other industries.

“America’s frontline food and retail workers have faced extreme health risks throughout the pandemic. Today’s action from the Biden Administration, while not going far enough, is a critical first step to keep workers safe on the job as COVID-19 dangers continue. As the largest union for frontline essential workers in grocery stores and meatpacking plants, UFCW has long said that voluntary workplace safety guidance was not enough and that a clear and enforceable standard was vital to hold companies accountable for the safety of their workers,” UFCW International President Marc Perrone said in a statement on Thursday.

Still, Perrone expressed concern about workers potentially having to bear some of the cost of vaccination, testing and personal protection equipment (PPE).

“As President Biden’s new vaccine policy moves forward, UFCW will engage the administration and our employers to ensure that essential workers have a strong voice in how this policy is implemented and that paid sick leave is provided so that all workers who get sick can recover,” he added.

Pointing out that the retail industry accounts for one in four U.S. jobs, the National Retail Federation (NRF) said retailers provided consistent input on OSHA’s ETS proposal. Last month, NRF sent a letter to U.S. Labor Secretary Marty Walsh outlining the retail sector’s concerns about and recommendations for ETS. Also, NRF sent a letter to the Office of Information and Regulatory Affairs and was granted a meeting with administration officials.

“It is critical that the rule not cause unnecessary disruption to the economy, exacerbate the pre-existing workforce shortage or saddle retailers, who are already taking considerable steps to keep their employees and customers safe, with needless additional requirements and regulatory burdens,” stated David French, senior vice president for government relations at NRF.

In commenting on OSHA’s proposed rule, President Biden pointed to “broad public support” for COVID vaccine requirements.

“With today’s actions, we now have requirements to protect people from something that has taken the lives of 750,000 Americans,” Biden said Thursday. “I’m calling on employers to act. Businesses have more power than ever before to accelerate our path out of this pandemic, save lives and protect our economic recovery.”

The Labor Department continues to see a “dangerous levels of cases” in the nation’s workforce, according to Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19,” he commented. “Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect.”

About the Author

Russell Redman

Senior Editor
Supermarket News

Russell Redman has served as senior editor at Supermarket News since April 2018, his second tour with the publication. In his current role, he handles daily news coverage for the SN website and contributes news and features for the print magazine, as well as participates in special projects, podcasts and webinars and attends industry events. Russ joined SN from Racher Press Inc.’s Chain Drug Review and Mass Market Retailers magazines, where he served as desk/online editor for more than nine years, covering the food/drug/mass retail sector. 

Russell Redman’s more than 30 years of experience in journalism span a range of editorial manager, editor, reporter/writer and digital roles at a variety of publications and websites covering a breadth of industries, including retailing, pharmacy/health care, IT, digital home, financial technology, financial services, real estate/commercial property, pro audio/video and film. He started his career in 1989 as a local news reporter and editor, covering community news and politics in Long Island, N.Y. His background also includes an earlier stint at Supermarket News as center store editor and then financial editor in the mid-1990s. Russ holds a B.A. in journalism (minor in political science) from Hofstra University, where he also earned a certificate in digital/social media marketing in November 2016.

Russell Redman’s experience:

Supermarket News - Informa
Senior Editor 
April 2018 - present

Chain Drug Review/Mass Market Retailers - Racher Press
Desk/Online Editor 
Sept. 2008 - March 2018

CRN magazine - CMP Media
Managing Editor
May 2000 - June 2007

Bank Systems & Technology - Miller Freeman
Executive Editor/Managing Editor
Dec. 1996 - May 2000

Supermarket News - Fairchild Publications
Financial Editor/Associate Editor
April 1995 - Dec. 1996 

Shopping Centers Today Magazine - ICSC 
Desk Editor/Assistant Editor
Dec. 1992 - April 1995

Testa Communications
Assistant Editor/Contributing Editor (Music & Sound Retailer, Post, Producer, Sound & Communications and DJ Times magazines)
Jan. 1991 - Dec. 1992 

American Banker/Bond Buyer
Copy Editor
Oct. 1990 - Jan. 1991 

This Week newspaper - Chanry Communications
Reporter/Editor
May 1989 - July 1990

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