New York City's Mayor Grinch Strikes at the Heart of Businesses

The Grinch swooped down on businesses in New York City as we approach Christmas.

Below we copy an outline of the mandate that all private businesses require their employees to be vaccinated. 

Mandates are one thing (i.e. bad enough). But check out the administrative requirements imposed on the business to not only enforce, but to keep accurate records of every interaction not only the employee, but non-employess as well has with the business. 

Burdensome enough for bigger businesses. But now imagine the burden on a small business. Those of you who run or understand how many things the small business owner has to comply with - an ever increasing burden aside from this Covid stuff - will instantly grasp the problem here. Those of you who may not understand what small business face may not instantly grasp it. But use your imagination.

I get the small business burden because I run a small business. I assure you this new burden may break the backs or some small businesses out there. Either that or they will chose to not be able to comply if they hope to survive as a viable business providing products and services to their clients and customers.

As a small business owner al of this is - and I'll watch my language here - unworkable and outrageous.

Oh, and if you haven't yet realized how this "progressive" mayor has progressively destroyed our fair city, I hope you see this latest nail in the coffin of NYC.

Oh, and all of this comes out during the Christmas Season. As you may remember from the Dr. Seuss story, the Grinch had virtually no heart.  

(The text comes from an email we received from a reputable law firm with which we have done some business in the past.)

NEW YORK CITY VACCINE MANDATE Here's What Employers Need to Know

Beginning on December 27, 2021, businesses must require that all individuals who perform in-person work or interact with members of the public in New York City, provide proof of vaccination against Covid-19.  Workers must provide proof of receiving at least one dose prior to December 27, 2021, or request an accommodation.  Workers will need to show proof of a second dose within 45 days.  New York City has provided accommodations guidance for employers to use during this process.  Beginning on December 27, 2021, employers may not allow any individual who has not been vaccinated into their workplace, except for a quick and limited purpose, such as dropping something off or using the restroom. A workplace is defined as any place work is performed in the presence of another worker, which includes vehicles.  Employers do not need to terminate employees who are not vaccinated if they can perform work remotely. Employers must verify and maintain records of every employee’s proof of vaccination. Employers can fulfill this requirement by maintaining: A copy of the employee’s proof of vaccination or a record of their request for accommodation and supporting documentation;  The business’s own record, including the following information for every employee: Name; Whether fully vaccinated;  Or the date by which they will provide proof of a second vaccine dose; and Record of any accommodation request and supporting documentation; or Checking proof of vaccination every day that an employee enters the workplace and maintaining record of every verification. For non-employees entering the workplace, such as contractors, businesses may request proof of vaccination from the individual’s employer, and must maintain record of the request and confirmation received. Forms of acceptable proof of vaccination include: CDC vaccination card (including digital photo or photocopy) NYC vaccination record or other immunization record NYC Covid Safe App CLEAR Health Pass Excelsior Pass New York City has provided a form “Affirmation of Compliance,” which must be completed and displayed in a public location before December 27, 2021. All records relating to this mandate, including requests for accommodation, must be maintained and available for inspection. Failure to maintain records can subject businesses to fines of up to $1,000 and a failure to comply with this mandate can result in significant additional penalties.  Inspectors will begin enforcing this mandate on December 27, 2021.

This bad enough. But check out the "checklist" of "Accommodations" provided by the Grinch. You'll see just how intent Big G and his minions are to get that needle in your arm.  The only thing missing in all this is a "Happy Holidays" wish. 

 

Accommodation for Medical Reasons
All medical documentation must be from the worker’s treating physician with a valid medical license.

1. A Permanent Medical Exemption may be granted if:

   •   Worker had a severe allergic reaction (for example, anaphylaxis or angioedema) after a previous dose or

     to a component of all three approved COVID-19 vaccines

   •   Worker has a known diagnosed allergy to a component in all three approved COVID-19 vaccines

2. A Temporary Medical Exemption may be granted if:

   •   Worker has presented medical documentation showing that they are within 90 days of monoclonal

     antibody or convalescent plasma treatment of COVID-19.

   •   Worker has presented medical documentation showing they recently underwent stem cell transplant, CAR Tcell therapy, or other therapy or treatment that would temporarily interfere with the worker’s ability to respond adequately to vaccination, or mount an immune response due to treatment.

   •   Worker has Pericarditis or myocarditis
     The length of a temporary medical exemption will be determined on a case-by-case basis after considering the

     medical documentation. An employee will be required to be vaccinated at the end of the temporary period.

     If any of the above boxes in 1 or 2 are checked, Worker may receive an accommodation and not be vaccinated.

     Accommodation

     WeeklyPCRtestingforCOVID-19andMaskingatalltimeswhennoteatingordrinking. Anyeatingor drinking must occur at least six feet away from others.

   •   Telework or remote work that does not expose others to the accommodated worker.

   •   Leave of Absence

   •   Other_______________________________________________________________________

   •   No accommodation is granted because the unvaccinated worker would likely pose a direct threat to themselves or others.

   •   No accommodation is granted because accommodation presents an undue burden on the employer WorkerName:___________________________________ Date: __________________________

     Temporary Accommodation Ends On:
     Employer Representative: ______________________________________ Title: __________________________

Accommodation for Religious Reasons

1. Is the request based solely on a personal, political, or philosophical preference?
 The government should not force people to get vaccines or interfere with medical decisions
 This vaccine is not safe or ineffective
 COVIDis a hoax
 Other expression of personal, political or philosophical belief ___________________________ _________________________________________________________________________________

If any of the above are checked, Worker does not qualify for a religious accommodation.

2. Is the request based on a sincerely held religious, moral, or ethical belief?

•   Worker has explained/documented how the belief requires the worker not to be vaccinated
   Worker saying, for example, they practice a particular religion is not enough on its own
   Aclergyletterisnotrequired,buthelpfulandpersuasivewhentheclergyissomeonewhohasa

  personal relationship with the employee; Form letters or letters from out-of-town clergy are not.

•   The worker has not taken other kinds of vaccinations previously

   If worker has received other vaccines, they should explain why those vaccines were not against their religion.

•   Worker says religious belief prevents them from allowing certain substances to enter their body
   If yes, the worker must list/describe other commonly used medicines, food/drink, or other substances

  that they do not allow to enter their bodies.

  _________________________________________________________________________

•   Worker says that they cannot take the vaccine because it was developed and/or tested using fetal cells

  that the worker is concerned may have been the result of an abortion
   Does worker takes medications such as ibuprofen (Advil), acetaminophen (Tylenol), or any other

  medications similarly developed or tested using fetal cell derivative lines. If yes, no accommodation. If any of the above are checked, Worker qualifies for a religious accommodation.

  Accommodation

  WeeklyPCRtestingforCOVID-19andMaskingatalltimeswhennoteatingordrinking. Anyeatingor drinking must occur at least six feet away from others.

  •   Telework or remote work that does not expose others to the accommodated worker.

  •   Leave of Absence

  •   Other_______________________________________________________________________

  •   No accommodation is granted because the unvaccinated worker would likely pose a direct threat to themselves or others.

  •   No accommodation is granted because accommodation presents an undue burden on the employer WorkerName:___________________________________ Date: ________________________________

    Employer Representative: ______________________________________ Title: __________________________