North Carolina Unions, Allies Pushing Power For State To Mandate Masks, Social Distancing and Require Employers To Support Vaccinations
If adopted, most workplaces and workers in North Carolina could be required to mask up again if ordered, and employers could be required pay employees for vaccine side effects.
To view the CDC’s map on positive tests for COVID over the past four weeks, North Carolina seems to be in better shape than many other more populous states like California, Illinois, New Jersey and New York—states that have come to be known for their more stringent workplace policies during the pandemic.
And, though North Carolina did not fare the best during the pandemic, according to Politico’s State Pandemic Scorecard, it was not the worst either.
So, if North Carolina is in better shape than many other states, why do unions and their allies want North Carolina’s Department of Labor to have the power to mandate masks and social distancing in virtually all North Carolina workplaces?
“Bringing back masking and social distancing in workplaces will be the subject of public hearings next week conducted by the North Carolina Department of Labor,” reported the Center Square last week.
Under the proposed rules, if adopted after a 60-day public comment period, the new rules would go into effect December 1, 2024.
Adoption of the rules, however, does not necessarily mean that mask mandates and social distancing would immediately be required.
Rather, if accepted, the rules (in full here) would allow the North Carolina Department of Labor to impose mask mandates and social distancing at some future point, as well as require employers to support vaccination, pay employees to get vaccinated, and “any side effects experienced following vaccination.”
According to the North Carolina Department of Labor’s (NCDOL) website, NCDOL received two rule-making petitions regarding infectious diseases.
“One applies to Migrant Housing and the other applies to General Industry/Construction/Agricultural employers in North Carolina,” NCDOL states.
◾️ The Petition for an infectious disease rule regarding General Industry/Construction employers was submitted by: Episcopal Farmworker Ministry; North Carolina State AFL-CIO; Union of Southern Service Workers; Western North Carolina Workers' Center; the Hispanic Liaison of Chatham County/El Vinculo Hispano; and the North Carolina Conference of the NAACP. The original petition is available upon request.
◾️ The Petition for a rule regarding Agricultural Employers and Migrant Housing Operators in relation to Infectious Diseases was submitted by: Episcopal Farmworker Ministry; North Carolina State AFL-CIO; Western North Carolina Workers Center; the Hispanic Liaison of Chatham County/El Vinculo Hispano; and the North Carolina Conference of the NAACP. The original is available upon request. [Emphasis added.]
Like the national safety agency OSHA, NCDOL’s definition of “general industry” refers to “all industries not included in agriculture, construction or maritime.” [Emphasis added.]
Paid time off to be required?
In addition, according the proposed rules, the “employer must support vaccination against airborne infectious diseases for each employee by providing reasonable time and paid leave, such as paid sick leave or other administrative leave, if the employer has a policy and practice of providing such leave, to each employee for vaccination and any side effects experienced following vaccination.”
The NCDOL will be holding a public hearing on Tuesday, January 23, 2024 at 1:00 p.m. The Department’s website requests those who wish to appear in person at the hearing or make a statement at the public hearing to e-mail jill.cramer@labor.nc.gov.