COVID vaccine mandate: Wisconsin businesses take action

Millions of U.S. workers now have a Jan. 4, 2022 deadline to get the COVID-19 vaccine – a federal rule impacting any business with 100 or more employees.

While many businesses have already required the vaccine for their employees, one Wisconsin group is taking the issue to court to try to stop the federal mandate.

The new government rules, issued this week, set the deadline for applicable companies to ensure workers are either fully vaccinated or tested weekly for COVID-19. The requirements do not apply to people who work at home or outdoors, and employees can ask for exemptions on medical or religious grounds.

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Many large businesses and municipalities in southeastern Wisconsin have already required the vaccine for workers. The city of Milwaukee announced this week that 95% of its workers were vaccinated.

"The city of Milwaukee is an employer like many other businesses throughout the state," said Makda Fessahaye, Milwaukee's Department of Employee Relations director. "We have an obligation as an employer to provide a safe workplace for our staff."

Milwaukee City Hall

In August, Northwestern Mutual announced a vaccine requirement for its 2,200 employees and contractors who access company campuses.

FOX6 News spoke with the president of Drexel Building Supply in September who, at the time, said he would not comply with the federal vaccine mandate for his 650 workers. Companies face penalties of more than $13,000 per violation – or more than $136,000 for a willful violation.

"It’s going to cost significant labor disruptions," said Dan Lennington, deputy counsel with Wisconsin Institute for Law & Liberty (WILL).

WILL, a conservative law firm, filed a lawsuit against the Occupational Safety and Health Administration (OSHA) on Thursday, Nov. 4 on behalf of two Wisconsin manufacturers – Tankcraft and Plasticraft – asking for a nationwide injunction. The group expects the court to take up the issue in the next week.

"OSHA does not have the constitutional or statutory authority for this sort of emergency regulation. It’s up to Congress to pass new laws," Lennington said.

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The Wisconsin Medical Society previously called upon health care agencies to require the COVID-19 vaccine.

In October, Advocate Aurora Health said 440 employees either left or were terminated for not following their vaccine mandate. It represents roughly 0.6% of the company's workforce, which has staff in Wisconsin and Illinois.

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