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NC Department of Labor Responds to Vaccine Mandate

Release: Immediate                                                                             Contact: Jennifer Haigwood
Date: Nov. 4, 2021                                                                                         Phone: 919-707-7705

*UPDATE: Following the recent Circuit Court ruling, Dobson issues additional statement: 

"Labor Commissioner Josh Dobson released the following statement regarding the action by the U.S. Court of Appeals for the 5th Circuit to stay the Biden administration’s vaccine mandate: 
“On Saturday, the 5th U.S. Circuit Court of Appeals granted an emergency motion to stay the Biden administration’s vaccine mandate for large employers. According to the court, it granted the stay because the plaintiffs “give cause to believe there are grave statutory and constitutional issues” with the mandate. I commend the court for issuing the stay and believe that this ruling is a positive first step in ending this government overreach once and for all.” 
                                                                        Josh Dobson
                                                                                       Commissioner of Labor 

Labor Commissioner Josh Dobson released the following statement regarding the Occupational Safety and Health Administration’s Emergency Temporary Standard for vaccines: 

“Earlier today, the Occupational Safety and Health Administration (OSHA), at the direction of President Biden, published an Emergency Temporary Standard (ETS) that requires all employers with 100 or more employees to mandate COVID-19 vaccines or weekly testing for employees. While the N.C. Department of Labor (NCDOL) adopted verbatim federal OSHA’s June COVID-19 ETS for Healthcare, I am concerned about this new vaccine mandate and its potential consequences for North Carolina. 

I received my COVID-19 vaccine as soon as I became eligible, and I strongly encourage my employees and all North Carolinians to get the vaccine. I believe the vaccine is the best way to get our country out of this pandemic. I also believe that employers have a responsibility to provide a safe and healthy workplace for employees. However, the federal government’s COVID-19 vaccine mandate is the wrong approach, as it will further strain existing resources within the OSH Division and exacerbate the state’s workforce crisis.  

With limited time and resources, our OSH compliance officers typically focus on high hazard industries such as construction and manufacturing. Since March 2020, our staff has been overwhelmed by nearly 5,000 COVID-19 complaints, and even more complaints recently related to the June ETS for Healthcare. Adding enforcement of this vaccine ETS to the OSH Division’s workload without any additional federal funding or compliance officers will further impede our ability to achieve our core mission responsibilities. Our compliance officers should be spending their time working with employers to prevent injuries, illnesses and fatalities at construction sites and manufacturing facilities rather than knocking on doors to check an employer’s vaccine records. 

This ETS would also place an unnecessary burden on employers, many of whom are experiencing an unprecedented worker shortage. Many large employers already require vaccines for their employees, and I respect that decision. However, the federal government should not have the power to make that decision for employers and employees. If this ETS survives legal challenge, employers not only risk losing experienced and capable employees, but they also bear the burden of overseeing the testing process for non-vaccinated employees, in addition to paying for time off related to vaccines and recovery from side effects. 

Under federal rules, NCDOL must respond to federal OSHA within 15 days regarding the agency’s decision on adoption of the ETS. At this point, we are reviewing the text of the rule and its potential impact on our state’s employers and will ultimately issue a response by the required date. We anticipate legal action at the state and federal level which may impact NCDOL’s next steps. I am considering all possible avenues and will pursue the option that best serves the collective interests of North Carolina employers and workers.”
Josh Dobson
Commissioner of Labor 

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