The FDA’s move makes it easier for companies to require their employees to be vaccinated. Will Texas business leaders take this step?
DALLAS – Contracting anything in Texas can set Texans on fire.
Protesters speaking out against employers requiring their workers to get a COVID vaccine have appeared at rallies on the steps of the Austin Capitol and outside hospitals in Houston and Dallas.
Employers can legally require their employees to be vaccinated in Texas.
When the FDA lifted emergency approval and granted Pfizer’s vaccine full approval, vaccination regulations were given their own chance.
“There is no doubt [businesses] will find some protection in this FDA approval, ”said Eric Cedillo, attorney and associate clinical professor of law at SMU in Dallas.
“They always had the option to mandate in an emergency, but some large companies may have breaches of collective agreements and other things that could be problematic. I think the FDA approval goes a long way towards allaying some of those fears. “
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Several health companies in North Texas require their employees to be vaccinated: Baylor Scott & White, Texas Health, Cook Children’s, and Children’s in Dallas.
AT&T and Texas Instruments also mandate vaccines.
“We have no greater responsibility to our employees than to ensure a safe work environment,” a Texas Instruments spokesman said in a statement. “Today more than ever, vaccinations remain the most important defense against the spread of COVID-19 and are the best way to protect our employees and our community.”
How many other North Texas companies will make vaccines mandatory remains unclear.
In early August, before Pfizer received full approval, the Dallas Regional Chamber surveyed local businesses about returning to the office amid a surge in COVID cases across the state and across the country.
92% of companies that responded said they would not vaccinate their employees for COVID, and 58% said they did not track their employees’ vaccination status.
83% of companies said they encourage their employees to get a COVID vaccination.
Dale Petroskey, president and CEO of the Dallas Regional Chamber, said in a statement Monday that FDA approval was intended to address ongoing concerns among people who have been reluctant to get vaccinated.
“With this FDA approval, now is the time for companies and business leaders to do even more to encourage their employees to vaccinate so our communities can stay healthy and our local businesses can stay open,” said Petroskey.
Governor Greg Abbott issued an executive order in July banning government agencies from requiring their employees to receive a vaccine given as part of an emergency clearance.
Moderna and Johnson & Johnson COVID vaccines continue to fall into this category.
Texas is 100% open.
Texans should have the freedom to go where they want with no restrictions, restrictions, or requirements.
Today I signed a law banning companies or government agencies in TX from requesting vaccination records or information. pic.twitter.com/JQXOe4cHgY
– Greg Abbott (@GregAbbott_TX) June 7, 2021
Now that Pfizer’s vaccine has received full FDA approval, that executive order does not appear to apply.
Abbott’s office did not respond to a request for comment on whether the governor believes the order is correct or whether he would issue an updated order.
In June Abbott signed Senate Law 968, which prohibits Texan companies from requiring customers to provide proof of vaccination.
The bill doesn’t apply to a company’s employees, but Cedillo said he expected SB 968 to be used to challenge mandates.
“It’s got tricky language,” said Cedillo, “and language is everything when it comes to the law.”
“I’m sure we’ll get a lawsuit in the Texas Supreme Court and then we’ll see how these things merge,” he said.
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