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Should California expand its COVID vaccine mandates? Here are 3 industries that could be next

Sacramento Bee - 8/30/2021

Aug. 30—Jacquie Foss felt she had no choice but to require her employees to get vaccinated against COVID-19.

Her 570 employees at Strategies to Empower People Inc. provide caregiving services to hundreds of Californians with developmental disabilities. Fewer than half of the agency's workers verified that the received a coronavirus vaccine, a number Foss felt was too low to protect them and the people they serve.

It was not an easy call for her. she worries she could lose employees as her industry faces an "unprecedented" labor crisis.

That's one reason she wants to see the Newsom administration take that hard choice away from employers like her by adding caregivers to the list of industries with state-mandated vaccine requirements.

"For me, they're saying, you're going to ride the rapid by yourself... We're going to let you crash into the workforce crisis," Foss said. "Where's the morality in that when a person with a developmental disability can die because of the lack of leadership?"

California has some of the most extensive workplace vaccine requirements in the nation, but they don't cover every industry.

The state requires COVID-19 vaccines for health care workers. State workers, teachers and school staff are also required to be vaccinated or subject to at least weekly testing. Some California lawmakers are proposing a bill that would mandate employers to require their employees to prove their vaccination status or be subject to weekly tests.

Some advocates say the state should go further by expanding its vaccine mandates in targeted ways to cover more workers, from caregivers to child care providers and transit workers, many of whom regularly work in close proximity to others.

"I don't think we should send a sheriff to every home with a nurse, but if you work for a university or government agency or if you are a bus driver, it's different," said Andrew Noymer, an infectious disease expert at UC Irvine. "The goal shouldn't be to exempt as many people as possible, but the goal should be to as include as many people as possible."

Caregivers

Those with developmental disabilities are at higher risk of severe illness from COVID-19, according to several studies.

People with developmental disabilities are often in contact with as many as six people outside of their families who care for them on a daily basis, Foss said.

People with developmental disabilities are also not as inclined to wear masks as others do, said Judy Mark, president of Disability Voices United who advocates for individuals with disabilities.

"You have people who have health issues, who don't wear masks, and staff providing intimate care," " Mark said. "So, they're not standing in front of a classroom. They're literally feeding them. Their hands are next to their mouth."

Child care providers

Many of the largest child care providers have yet to require their staff to be vaccinated.

"While the vaccine is a key tool that will help us reduce the spread of the virus, we want each employee to make the decision that's best for their personal situation in consultation with their medical provider and CDC guidance," KinderCare, the largest child care provider in the country, said in a statement.

But a state vaccine mandate could makes sense for child care providers, said Mayra Escobar, who runs a Los Angeles day care.

"We provide service, care for the most vulnerable population, because children under 12 cannot be vaccinated," said Escobar, who has also worked as a pediatric nurse. "If we are to provide any type of protection, it has to be through us. If adults are not protected, exactly who are we protecting? We're protecting no one."

Escobar provides care for 14 children, from ages 1 to 12. She regularly deals with nine to ten families, she said. Escobar, who is fully vaccinated, said if she contacts COVID, it's not just her who's not able to work, but all the families she provides child care for.

"It's a domino effect," she said.

California mass transit

It may also make sense for the state to mandate bus drivers and other transit workers to be vaccinated, Noymer said. New York, for instance, has mandated all public transit workers to be vaccinated.

"Those people come into contact with the public and the public gets into contact with them," he said. "Why is a bus driver any different than a university professor in terms of coming into contact with other people?"

Shane Gusman, legislative director at California Teamsters Public Affairs Council which represents many transit workers, said the mandate could make sense for the group that is more outward-facing.

Still, devils are in the details when it comes to mandates, he said.

"Is there a testing option for people who don't feel comfortable with the vaccine or have issues with the vaccine? Who pays for the testing? Is sick leave available for the side effects?" he said.

Gusman said the union has been pushing for workers to receive paid time off to get vaccinated and deal with its potential side effects. Although California has two weeks of paid leave for the purpose, that's to expire Sept. 30 as of current law.

"It's important to get it right," Gusman said, responding to those who may think unions like Teamsters are pushing back on the vaccine mandate. "I wouldn't say labor is pushing back. I would say labor is trying to get it right."

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